i 


GIFT  OF 


MANUAL    OF    PARLI A  M  -£N  TARY     PRACTICE 


RULES 


PROCEEDING  AND  DEBATE 


DELIBEKATIVE  ASSEMBLIES. 


BY 

LUTHER  S.  GUSHING. 


REVISED  BY 

FRANCES   P.    SULLIVAN. 


NEW  YORK : 
M.    J.    IVER8    &    CO. 

1887. 


Jf  .515 
CA 


Copyright,  1887, 
BY  M.  J.  IVERS  &  CO 


PUBLISHERS  REMARKS. 


THIS  edition  of  Cushing's  Manual  of  Par- 
liamentary  Practice  has  annotations,  etc.,  not 
to  be  found  in  any  other  edition  of  the  Man- 
ual. The  old  edition  of  course  could  not  be 
improved  upon,  but  there  were  several  pass- 
ages in  which  the  meaning  could  be  brought 
out  plainer  by  notes  illustrating  them.  This 
has  been  done,  and  the  reader  will  find  that 
the  notes  will  assist  him  materially. 

In  addition  the  Constitution  of  the  United 
States  has  been  added,  and  as  not  a  few  refer- 
ences are  made  to  it  in  the  Manual,  it  will  be 
found  to  be  an  addition  to  the  book  not  to  be 
despised 


AUTHOB'S  STATEMENT. 


THE  following  treatise  forms  a  part  only  of 
a  much  larger  and  more  comprehensive  work, 
covering  the  whole  ground  of  parliamentary 
law  and  practice,  which  the  author  has  for 
some  time  been  engaged  in  preparing;  and 
which  it  is  his  intention  to  complete  and  pub- 
lish, as  soon  as  possible.  In  the  mean  time, 
this  little  work  has  been  compiled,  chiefly 
from  the  larger,  at  the  request  of  the  pub- 
lishers, and  to  supply  a  want  which  was  sup- 
posed to  exist  to  a  considerable  extent. 

The  treatise,  now  presented  to  the  public, 
is  intended  as  a  Manual  for  Deliberative  As- 
semblies of  every  description,  but  more  espe- 
cially for  those  which  are  not  legislative  in 
their  character;  though  with  the  exception 
of  the  principal  points,  in  which  legislative 
bodies  differ  from  others,  namely,  the  several 
different  stages  or  readings  of  a  bill,  and  con- 


AUTHOR  S    STATEMENT.  5 

ferences  and  amendments  between  the  two 
branches,  this  work  will  be  found  equally 
useful  in  legislative  assemblies  as  in  others. 

The  only  work  which  has  hitherto  been  in 
general  use  in  this  country,  relating  to  the 
proceedings  of  legislative  assemblies,  is  the 
compilation  originally  prepared  by  Mr.  Jeffer- 
son, when  vice-president  of  the  United  States, 
for  the  use  of  the  body  over  which  he  pre- 
sided, and  which  is  familiarly  known  as 
Jefferson's  Manual.  This  work,  having  been 
extensively  used  in  our  legislative  bodies,  and, 
in  some  States,  expressly  sanctioned  by  law, 
may  be  said  to  form,  as  it  were,  the  basis  of 
the  common  parliamentary  law  of  this  country. 
Kegarding  it  in  that  light,  the  author  of  the 
following  treatise  has  considered  the  princi- 
ples and  rules  laid  down  by  Mr.  Jefferson 
(and  which  have  been  adopted  by  him  chiefly 
from  the  elaborate  work  of  Mr.  Hatsell)  as 
the  established  rules  on  this  subject,  and  has 
accordingly  made  them  the  basis  of  the  pres- 
ent compilation,  with  an  occasional  remark, 
in  a  note,  by  way  of  explanation  or  sugges- 
tion, whenever  he  deemed  it  necessary. 

Members  of  legislative  bodies,  who  may 
have  occasion  to  make  use  of  this  work,  will 


6  AUTHOR'S    STATEMENT. 

do  well -to-  bear  m:mmd>  that  it  contains  only 
what  may  be  called  the  common  parliamentary 
law;  which,  in  every  legislative  assembly,  is 
more  or  less  modified  or  controlled  by  special 
rules.  L.  S.  C. 

BOSTON,  November  1,  1844. 


TABLE   OF   CONTENTS. 


INTRODUCTION (J 

CHAPTER  I.— OP  CERTAIN  PRELIMINARY  MATTERS 20 

SECT.  I.        Quorum 20 

SECT.  II.      Rules  and  Orders 22 

SECT.  III.    Time  of  Meeting 23 

SECT.  IV.    Principle  of  Decision 24 

CHAPTER  II.— OF  THE  OFFICERS 25 

SECT.  I.        The  Presiding  Officer 2<» 

SECT.  II.      The  Recording  Officer 28 

CHAPTER  III. — OF.  THE  RIGHTS  AND  DUTIES  OF  MEMBERS  30 

CHAPTER  IV.— OF  THE  INTRODUCTION  OF  BUSINESS 34 

CHAPTER  V.— OF  MOTIONS  IN  GENERAL 42 

CHAPTER  VI.— OF  MOTIONS  TO  SUPPRESS 45 

SECT.  I.        Previous  Question .              46 

SECT.  II.      Indefinite  Postponement  50 

CHAPTER  VII.— OF  MOTIONS  TO  POSTPONE 51 

CHAPTER  VIII.— OF  MOTIONS  TO  COMMIT 52 

CHAPTER  IX.— OF  MOTIONS  TO  AMEND 54 

SECT.  I.          Division  of  a  Question 55 

SECT.  II.        Filling  Blanks 57 

SECT.  III.       Addition— Separation— Transposition. ...  60 

SECT.  IV.       Modification,  etc.,  by  the  Mover 61 

SECT.  V.        General  Ru^es  relating  to  Amendments. .  62 

SECT.  VI.       Amendments,  by  striking  out 65 

SECT.  VII.    Amendments,  by  inserting 69 

SECT.  VIII.  Amendments,  by  striking  out  and  insert- 
ing   71 

SECT.  IX.     Amendments,  changing  the  nature  of  a 

question 74 


8  TABLE    OF    CONTENTS. 

PAGB 

CHAPTER  X.— OF  THE  ORDER  AND  SUCCESSION  OF  QUES- 
TIONS   79 

SECT.  I.       Privileged  Questions 80 

Adjournment 81 

Questions  of  Privilege 82 

Orders  of  the  Day 83 

SECT.  II.      Incidental  Questions 86 

Questions  of  Order 86 

Reading  of  Papers 88 

Withdrawal  of  a  Motion 91 

Suspension  of  a  Rule 91 

Amendment  of  Amendments 92 

SECT.  in.    Subsidiary  Questions 93 

Lie  on  the  Table 95 

Previous  Question 96 

Postponement 97 

Commitment 98 

Amendment 99 

CHAPTER  XI. —OF  THE  ORDER  OF  PROCEEDING 101 

CHAPTER  XII.— OF  ORDER  IN  DEBATE 108 

SECT.  I.        As  to  the  Manner  of  Speaking 109 

SECT.  II.      As  to  the  Matter  in  Speaking 112 

SECT.  III.    As  to  Times  of  Speaking 115 

SECT.  IV.     As  to  Stopping  Debate 117 

SECT.  V.       As  to  Decorum  in  Debate 119 

SECT.  VI.     As  to  Disorderly  Words 120 

CHAPTER  XIII.— OF  THE  QUESTION 124 

CHAPTER  XIV.— OF  RECONSIDERATION 135 

CHAPTER  XV.-OF  COMMITTEES    138 

SECT.  I.       Their  Nature  and  Functions 138 

SECT.  II.      Their  Appointment , 141 

SECT.  III.    Their  Organization,  etc 145 

SECT.  IV.    Their  Report 150 

SECT.  V.      Committee  of  the  Whole 155 

CONCLUDING  REMARKS 161 

CONSTITUTION  OF  THE  UNITED  STATES. ..  ..  165 


PARLIAMENTARY  PRACTICE, 


INTRODUCTION. 

1.  THE  purposes,  whatever  they  may  be, 
for  which  a  deliberative  assembly  of  any  kind 
is  constituted,  can  only  be  effected  by  ascer- 
taining the  sense  or  will  of  the  assembly,  in 
reference  to  the  several  subjects  submitted  to 
it,  and  by  embodying  that  sense  or  will  in  an 
intelligible,  authentic,  and  authoritative  form. 
To  do  this,  it  is  necessary,  in  the  first  place, 
that  the  assembly  should  be  properly  consti- 
tuted and  organized ;  and,  secondly,  that  it 
should  conduct  its  proceedings  according  to 
certain  rules,  and  agreeably  to  certain  forms, 
which  experience  has  shown  to  be  the  best 
adapted  to  the  purpose. 

2.  Some  deliberative  assemblies,  especially 
those  which  consist  of   permanently  estab- 
lished bodies,  such  as  municipal  and  other 
corporations,  are  usually  constituted  and  or- 


10     •    -    .     T-APL-IA^^NT4ABY    PRACTICE. 


ganized,  at  least,  in  part,  in  virtue  of  certain 
legal  provisions  ;  while  others,  of  an  occa- 
sional or  temporary  character,  such  as  conven- 
tions and  political  meetings,  constitute  and 
organize  themselves  on  their  assembling  to- 
gether for  the  purposes  of  their  appointment. 
3.  The  most  usual  and  convenient  mode  of 
organizing  a  deliberative  assembly  is  the  fol- 
lowing :  —  The  members  being  assembled  to- 
gether, in  the  place,  and  at  the  time  appointed 
for  their  meeting,  one  of  them  addressing 
himself  to  the  others,  requests  them  to  come 
to  order  ;  the  members  thereupon  seating 
themselves,  and  giving  their  attention  to  him, 
he  suggests  the  propriety  and  necessity  of 
their  being  organized,  before  proceeding  to 
business,  and  requests  the  members  to  nomi- 
nate some  person  to  act  as  chairman  of  the 
meeting  ;  a  name  or  names  being  thereupon 
mention  3d,  he  declares  that  such  a  person 
(whose  name  was  first  heard  by  him)  is  nom- 
inated for  chairman,  and  puts  a  question  that 
the  person  so  named  be  requested  to  take  the 
chair.  If  this  question  should  be  decided  in 
the  negative,  another  nomination  is  then  to 
be  called  for,  and  a  question  put  upon  the 
name  mentioned  (being  that  of  some  other 


ORGANIZATION.  1 1 

person)  as  before,  and  so  on  until  a  choice  is 
effected.  When  a  chairman  is  elected,  he 
takes  the  chair,  and  proceeds  in  the  same 
manner  to  complete  the  organization  of  the 
assembly,  by  the  choice  of  a  secretary  and 
such  other  officers,  if  any,  as  may  be  deemed 
necessary. 

4.  An  organization,  thus  effected,  may  be, 
and  frequently  is,  sufficient  for  all  the  pur- 
poses of  the  meeting ;  but  if,  for  any  reason, 
it  is  desired  to  have  a  greater  number  of  of- 
ficers, or  to  have  them  selected  with  more 
deliberation,  it  is  the  practice  to  organize  tem- 
porarily, in  the  manner  above  mentioned,  and 
then  to  refer  the  subject  of  a  permanent  or- 
ganization, and  the  selection  of  persons  to  be 
nominated  for  the  several  offices,  to  a  com- 
mittee ;  upon  whose  report,  the  meeting  pro- 
ceeds to  organize  itself,  conformably  thereto, 
or  in  such  other  manner  as  it  thinks  proper. 

["  In  Congress,  and  all  the  lower  houses  of 
the  State  legislatures,  and  a  few  of  the  State 
senates,  the  presiding  officer  is  called  the 
Speaker  ;  while  in  the  United  States  Senate 
and  a  number  of  State  senates  the  name 
President  is  used." — ED.] 

5.  The  presiding  officer  is  usually  denom- 


12  PARLIAMENTARY    PRACTICE. 

inated  the  president,  and  the  recording  of- 
ficer, the  secretary  ;  though,  sometimes,  these 
officers  are  designated,  respectively,  as  the 
chairman  and  cleric.  It  is  not  unusual,  be- 
sides a  president,  to  have  one  or  more  vice- 
presidents  ;  who  take  the  chair,  occasionally, 
in  the  absence  of  the  president  from  the  as- 
sembly, or  when  he  withdraws  from  the  chair 
to  take  part  in  the  proceedings  as  a  member  ; 
but  who,  at  other  times,  though  occupying 
seats  with  the  president,  act  merely  as  mem- 
bers. It  is  frequently  the  case,,  also,  that  sev- 
eral persons  are  appointed  secretaries,  in 
which  case,  the  first  named  is  considered  as 
the  principal  officer.  All  the  officers  are,  or- 
dinarily, members  of  the  assembly* ;  and,  as 
such,  entitled  to  participate  in  the  proceed- 
ings ;  except  that  the  presiding  officer  does 
not  usually  engage  in  the  debate,  and  votes 
only  when  the  assembly  is  equally  divided. 

6.  In  all  deliberative  assemblies,  the  mem- 
bers of  which  are  chosen  or  appointed  to  rep- 
resent others,  it  is  necessary,  before  proceed- 

*In  legislative  bodies,  the  clerk  is  seldom  or  never 
a  member  ;  and,  in  some,  the  presiding  officer  is  not 
a  member ;  as,  for  example,  in  the  Senate  of  the 
United  States,  the  Senate  of  New  York,  and  in  some 
other  State  senates. 


ORGANIZATION.  13 

ing  to  business,  to  ascertain  who  are  duly 
elected  and  returned  as  members ;  in  order 
not  only  that  no  person  may  be  admitted  to 
participate  in  the  proceedings  who  is  not  reg- 
ularly authorized  to  do  so,  but  also  that  a  list 
of  the  members  may  be  made  for  the  use  of 
the  assembly  and  its  officers. 

7.  The  proper  time  for  this  investigation  is 
after  the  temporary  and  before  the  permanent 
organization;  or,  when  the  assembly  is  per- 
manently organized,  in  the  first  instance,  be- 
fore  it   proceeds   to   the  transaction  of  any 
other  business ;   and    the    most  convenient 
mode  of  conducting  it  is  by  the  appointment 
of  a  committee,  to  receive  and  report  upon 
the  credentials  of  the  members.     The  same 
committee  may  also  be  charged  with  the  in- 
vestigation of  rival  claims,  where  any  such 
are  presented. 

8.  When  a  question  arises,  involving  the 
right  of  a  member  to  his  seat,  such  member 
is  entitled  to  be  heard  on  the  question,  and 
he  is  then  to  withdraw  from  the  assembly 
until  it  is  decided  ;  but  if,  by  the  indulgence 
of  the  assembly,  he  remains  in  his  place,  dur- 
ing the  discussion,  he  ought  neither  to  take 
any  further  part  in  it,  nor  to  vote  when  the 


14  PARLIAMENTARY   PRACTICE. 

question  is  proposed ;  it  being  a  fundamental 
rule  of  all  deliberative  assemblies,  that  those 
members,  whose  rights  as  such  are  not  yet 
set  aside,  constitute  a  judicial  tribunal  to  de- 
cide upon  the  cases  of  those  whose  rights  of 
membership  are  called  in  question.  Care 
should  always  be  taken,  therefore,  in  the 
selection  of  the  officers,  and  in  the  appoint- 
ment of  committees,  to  name  only  those  per- 
sons whose  rights  as  members  are  not  objected 
to. 

9.  The   place  where   an  assembly  is   held 
being  in  its  possession,  and  rightfully  appro- 
priated to  its  use,  no  person  is  entitled  to  be 
present  therein,   but  by  the  consent  of  the 
assembly ;   and,  consequently,  if  any  person 
refuse  to  withdraw,  when  ordered  to  do  so,  or 
conduct  himself  in  a  disorderly  or  improper 
manner,    the   assembly   may   unquestionably 
employ  sufficient  force  to  remove  such  person 
from  the  meeting. 

10.  Every    deliberative  assembly,    by   the 
mere  fact  of  its  being  assembled  and  consti- 
tuted, does  thereby  necessarily  adopt  and  be- 
come subject  to  those  rules  and  forms  of  pro- 
ceeding, without  which  it  would  be  impossi- 
ble for  it  to  accomplish   the  purposes  of  its 


RULES    OF   PROCEEDING.  15 

creation.  It  is  perfectly  competent,  however, 
for  every  such  body — and  where  the  business 
is  of  considerable  interest  and  importance,  or 
likely  to  require  some  time  for  its  accomplish- 
ment, it  is  not  unusual — to  adopt  also  certain 
special  rules  for  the  regulation  of  its  proceed- 
ings. Where  this  is  the  case,  these  latter 
supersede  the  ordinary  parliamentary  rules,  in 
reference  to  all  points  to  which  they  relate  ; 
or  add  to  them  in  those  particulars  in  refer- 
ence to  which  there  is  no  parliamentary  rule  ; 
leaving  what  may  be  called  the  common  par- 
liamentary law  in  full  force  in  all  other  re- 
spects. 

11.  The  rules  of  parliamentary  proceed- 
ings in  this  country  are  derived  from,  and  es- 
sentially the  same  with,  those  of  the  British 
parliament  ;  though,  in  order  to  adapt  these 
rules  to  the  circumstances  and  wants  of  our 
legislative  assemblies,  they  have,  in  some  few 
respects,  been  changed, — i'n  others,  differently 
applied, — and  in  others,  again,  extended  be- 
yond their  original  intention.  To  these  rules, 
each  legislative  assembly  is  accustomed  to  add 
a  code  of  its  own,  by  which,  in  conjunction 
with  the  former,  its  proceedings  are  regulated. 
The  rules,  thus  adopted  by  the  several  legis- 


16  PARLIAMENTARY    PRACTICE. 

lative  assemblies,  having  been  renewed  in  suc- 
cessive legislatures, — with  such  extensions, 
modifications  and  additions  as  have  been  from 
time  to  time,  thought  necessary, — the  result 
is,  that  a  system  of  parliamentary  rules  has 
been  established  in  each  State,  different  in 
some  particulars  from  those  of  every  other 
State,  but  yet  founded  in  and  embracing  all 
the  essential  rules  of  the  common  parliament- 
ary law. 

12.  The  rules  of  proceeding,  in  each  State, 
being  of  course  best  known  by  the  citizens  of 
that  State,  it  has  sometimes  happened  in  de- 
liberative  assemblies,    that   the    proceedings 
have  been  conducted  not  merely  according  to 
the  general  parliamentary  law,  but  also  in  con- 
formity with  the  peculiar  system  of  the  State 
in  which  the  assembly  was  sitting,  or  of  whose 
citizens  it  was  composed.     This,  however,  is 
erroneous;  as  no  occasional  assembly  can  ever 
bs  subject  to  any  other  rules,  than  those  which 
are  of  general    application,  or  which  it  spe- 
cially adopts  for  its  own  government ;  and  the 
rules  adopted  and  practised  upon  by  a  legis- 
lative assembly  do   not  thereby  acquire  the 
character  of  general  laws. 

13.  The  judgment,  opinion,  sense,  or  will 


RULES    OP    PROCEEDING.  17 

of  a  deliberate  assembly  is  expressed,  accord- 
ing to  the  nature  of  the  subject,  either  by  a 
resolution,  order,  or  vote.  When  it  com- 
mands, it  is  by  an  order  ;  but  facts,  principles, 
its  own  opinions,  or  purposes,  are  most  proper- 
ly expressed  in  the  form  of  a  resolution  ;  the 
term  vote  may  be  applied  to  the  result  of 
every  question  decided  by  the  assembly.  In 
whatever  form,  however,  a  question  is  propos- 
ed, or  by  whatever  name  it  may  be  called,  the 
mode  of  proceeding  is  the  same. 

14.  The  judgment  or  will  of  any  number 
of  persons,  considered  as  an  aggregate  body, 
is  that  which  is  evidenced  by  the  consent  or 
agreement  of  the  greater  number  of  them  ; 
and  the  only  mode  by  which  this  can  be  as- 
certained, in  reference  to  any  particular  sub- 
ject, is  for  some  one  of  them  to  begin  by  sub- 
mitting to  the  others  a  proposition,  expressed 
in  such  a  form  of  words,  that,  if  assented  to  by 
the  requisite  number,  it  will  purport  to  ex- 
press the  judgment  or  will  of  the  assembly. 
This  proposition  will  then  form  a  basis  f cr  the 
further  proceedings  of  the  assembly  ;  to  be  as- 
sented to,  rejected,  or  modified,  according  as 
it  expresses  or  not,  or  may  be  made  to  express 
the  sense  of  a  majority  of  the  members.  The 


18  PARLIAMENTARY   PRACTICE. 

different  proceedings  which  take  place,  from 
the  first  submission  of  a  proposition,  through 
all  the  changes  it  may  undergo,  until  the  final 
decision  of  the  assembly  upon  it,  constitute 
the  subject  of  the  rules  of  debate  and  proceed- 
ing in  deliberative  assemblies. 

15.  If  the  proceedings  of  a  deliberative  as- 
sembly were  confined  to  the  making  of  propo- 
sitions by  the  individual  members,  and  their 
acceptance  or  rejection  by  the  votes  of  the 
assembly,  there  would  be  very  little  occasion 
for  rules  in  such  a  body.  But  this  is  not  the 
case.  The  functions  of  the  members  are  not 
limited  to  giving  an  affirmative  or  negative 
to  such  questions  as  are  proposed  to  them. 
When  a  proposition  is  made,  if  it  be  not  agreed 
to  or  rejected  at  once,  the  assembly  may  be 
unwilling  to  consider  and  act  upon  it  at  all; 
or  it  may  wish  to  postpone  the  consideration 
of  the  subject  to  a  future  time  ;  or  it  may  be 
willing  to  adopt  the  proposition  with  certain 
modifications  ;  or,  lastly,  approving  the  sub- 
ject-matter, but  finding  it  presented  in  so 
crude,  imperfect,  or  objectionable  a  form, 
that  it  cannot  in  that  state  be  considered  at 
all,  the  assembly  may  desire  to  have  the  prop- 
osition further  examined  and  digested,  before 


MAKING    OF    PROPOSITIONS.  19 

being  presented.  In  order  to  enable  the  as- 
sembly to  take  whichever  of  the  courses  above 
indicated  it  may  think  proper,  and  then  to 
dispose  of  every  proposition  in  a  suitable  man- 
ner, certain  motions  or  forms  of  question  have 
been  invented,  which  are  perfectly  adapted 
for  the  purpose,  and  are  in  common  use  in 
all  deliberative  assemblies. 


20  PARLIAMENTARY    PRACTICE. 

CHAPTER    I. 
OF   CERTAIN    PRELIMINARY   MATTERS. 

16.  Before  entering  upon  the  subject  of 
the  forms  and  rules  of  proceeding,  in  the  trans- 
action of  business,  it  will  be  convenient  to 
consider    certain    matters    of  a  preliminary 
nature,  which  are  more  or  less  essential  to 
the  regularity,  dispatch,  and  efficiency  of  the 
proceedings. 

SECTION  I.     QUORUM.* 

17.  In   all  councils,  and  other  collective 
bodies  of  the  same  kind,  it  is  necessary,  that 

[*  "  The  term  quorum  (literally,  of  whom)  is  one 
of  the  words  used  in  England  in  the  Latin  form  of 
the  commission  to  justices  of  the  peace.  The  part 
of  the  document  wherein  the  word  occurs  reads  thus: 
'  We  have  assigned  you,  and  every  two  or  more  of 
you,  quorum  aliquem  vestrum,  A,  B,  C,  D,  etc., 
unum  esse  wlumus. — i.  e.  ofwlwm  we  will  that  any 
of  you  A,  B  or  C,  etc.,  shall  be  one.'  This  made  it 
necessary  that  certain  individuals,  who,  in  the  lan- 
guage of  the  commission,  were  said  to  be  of  the 
quorum,  should  be  present  during  the  transaction 
of  business. " — Blackstone's  Commentaries,  1.  352.  ] 


QUORUM.  21 

a  certain  number,  called  a  quorum,  of  the 
members,  should  meet  and  be  present,  in  order 
to  the  transaction  of  business.  This  regula- 
tion has  been  deemed  essential  to  secure  fair- 
ness of  proceedings  ;  and  to  prevent  matters 
from  being  concluded  in  a  hasty  manner,  or 
agreed  to  by  so  small  a  number  of  the  mem- 
bers, as  not  to  command  a  due  and  proper 
respect. 

18.  The  number  necessary  to  constitute  a 
quorum  of  any  assembly  may  be  fixed  by  law, 
as  is  the  case  with  most  of  our  legislative  as- 
semblies ;  or  by  usage,  as  in  the  English  House 
of  Commons  ;  or  it  may  be  fixed  by  the  assem- 
bly itself  ;  but  if  no  rule  is  established  on  the 
subject,  in  any  of  these  ways,  a  majority  of 
the  members  composing  the  assembly  is  the 
requisite  number. 

19.  No  business  can  regularly  be  entered 
upon  until  a  quorum  is  present ;  nor  can  any 
business  be  regularly  proceeded  with  when 
it  appears  that  the  members  present  are  re- 
duced below  that  number  ;  consequently,  the 
presiding  officer  ought  not  to  take  the  chair 
until  the  proper  number  is  ascertained  to  be 
present ;  and  if,  at  any  time,  in  the  course  of 
the  proceedings,  notice  is  taken  that  a  quorum 


22  PARLIAMENTARY    PRACTICE. 

is  not  present,  and,  upon  the  members  being 
counted  by  the  presiding  officer,  such  appears 
to  be  the  fact,  the  assembly  must  be  immedi- 
ately adjourned.  * 

SECT.  II.     KULES  AND  ORDERS. 

20,  Every  deliberative  assembly,  as  has  al- 
ready been  observed,  is,  by  the  fact  alone  of 
its  existence,  subject  to  those  rules  of  pro- 
ceeding, without  which  it  could  not  accom- 
plish the  purposes  of  its  creation.     It  may 
also  provide  rules  for  itself,  either  in  the  form 
of  a  general  code  established  beforehand,  or 
by  the  adoption,  from  time  to  time,  during 
its  sitting,  of  such  special  rules  as  it  may  find 
necessary. 

21.  When  a  code  of  rules  is  adopted  be- 
forehand, it  is  usual  also  to  provide'  therein 
as  to  the  mode  in  which  they  may  be  amend- 
ed, repealed,  or  dispensed  with.    Where  there 
is  no  such  provision,  it  will  be  competent  for 
the  assembly  to  act  at  any  time,  and  in  the 
usual  manner,  upon  questions  of  amendment 

*  ' '  Some  legislative  bodies  have  by  law  given  a 
smaller  number  than  a  quorum  the  power  to  compel 
the  attendance  of  absent  members. " — ED. 


TIME    OF   MEETING.  23 

or  repeal ;  but  in  reference  to  dispensing  with 
a  rule,  or  suspending  it.  in  a  particular  case, 
if  there  is  no  express  provision  on  the  sub- 
ject, it  seems  that  it  can  only  be  done  by  gen- 
eral consent.* 

22.  When  any  of  the  rules,  adopted  by  the 
assembly,  or  in  force,  relative  to  its  manner 
of  proceeding,  is  disregarded  or  infringed, 
every  member  has  the  right  to  take  notice 
thereof  and  to  require  that  the  presiding  of- 
ficer, or  any  other  whose  duty  it  is,  shall  carry 
such  rule  into  execution  ;  and,  in  that  case, 
the  rule  must  be  enforced,  at  once,  without 
debate  or  delay.  It  is  then  too  late  to  alter, 
repeal,  or  suspend  the  rule  ;  so  long  as  any 
one  member  insists  upon  its  execution,  it 
must  be  enforced. 


SECT.  III.     TIME  OF  MEETING. 

23.  Every  assembly,  which  is  not  likely  to 
finish  its  business  at  one  sitting,  will  find  it 
convenient  to  come  to  some  order  or  resolu- 
tion beforehand,  as  to  the  time  of  reassem- 

*"  A  motion  to  suspend  the  rules  is  not  debatable." 
—ED. 


24  PARLIAMENTARY    PRACTICE. 

bling,  after  an  adjournment ;  it  being  gener- 
ally embarrassing  to  fix  upon  the  hour  for 
this  purpose,  at  the  time  when  the  sitting  is 
about  to  close,  and  in  connection  with  the 
motion  to  adjourn. 

SECT.  IV.     PRINCIPLE  OF  DECISION. 

24.  The  principle,  upon  which  the  decisions 
of  all  aggregate  bodies,  such  as  councils,  cor- 
porations, and    deliberative  assemblies,   are 
made,  is  that  of  the  majority  of  votes  or  suf- 
frages ;  and  this  rule  holds  not  only  in  refer- 
ence to  questions  and  subjects,  which  admit 
only  of  an  affirmative  on  one  side,  and  a  neg- 
ative on  the  other,  but  also  in  reference  to 
elections  in  which  more  than  two  persons 
may  receive  the  suffrages. 

25.  But  this  rule  may  be  controlled  by  a 
special  rule  in  reference  to  some  particular 
subject  or  question  ;  by  which  any  less  num- 
ber than  a  majority  may  be  admitted,  or  any 
greater  number  required  to  express  the  will 
of  the  assembly.     Thus,  it  is  frequently  pro- 
vided, in  legislative  assemblies,  that  one  third 
or  one  fourth  only  of  the  members  shall  be 
sufficient  to  require  the  taking  of  a  question 


OF    THE    OFFICERS.  25 

by  yeas  and  nays,*  and,  on  the  other  hand, 
that  no  alteration  shall  take  place  in  any  of 
the  rules  and  orders,  without  the  consent  of 
at  least  two  thirds,  or  even  a  larger  number. 


CHAPTER  II. 

OF   THE    OFFICERS. 

26.  The  usual  and  necessary  officers  of  a 
deliberative  assembly  are  those  already  men- 
tioned, namely,  a  presiding,  and  a  recording, 
officer  ;  both  of  whom  are  elected  or  appoint- 
ed by  the  assembly  itself,  and  removable  at 
its  pleasure.  These  officers  are  always  to  be 
elected  by  absolute  majorities,  even  in  those 
States  in  which  elections  are  usually  effected 
by  a  plurality,  for  the  reason,  that,  being  re- 
movable at  the  pleasure  of  the  assembly,  if 
any  number  short  of  a  majority  were  to  elect, 

*"In  the  United  States,  the  number  of  members 
competent  to  demand  that  a  question  be  taken  by 
yeas  and  nays,  is  decided  for  Congress  and  for  State 
legislatures  by  constitutional  provision. 

In  the  Constitution  of  the  United  States,  the  num- 
ber is  one  fifth  ;  some  of  the  State  constitutions  give 
this  power  to  one  fifth,  some  to  three  members  ;  some 
to  two,  and  some  to  one. " — ED. 


26  PARLIAMENTARY    PRACTICE. 

a  person  eleeted  by  any  such  less  number 
would  not  be  able  to  retain  his  office  for  a 
moment ;  inasmuch  as  he  might  be  instantly 
removed  therefrom,  on  a  question  made  for 
that  purpose,  by  the  votes  of  those  who  had 
voted  for  other  persons  on  the  election  ;  and 
it  is  essential  to  the  due  and  satisfactory  per- 
formance of  the  functions  of  these  officers, 
that  they  should  possess  the  confidence  of  the 
assembly,  which  they  cannot  be  said  to  do, 
unless  they  have  the  suffrages  of  at  least  a 
majority. 

SECT.  I.     THE  PRESIDING  OFFICER. 

27.  The  principal  duties  of  this  officer  are 
the  following:— 

To  open  the  sitting,  at  the  time  to  which 
the  assembly  is  adjourned,  by  taking  the  chair 
and  calling  the  members  to  order  ; 

To  announce  the  business  before  the  as- 
sembly in  the  order  in  which  it  is  to  be  acted 
upon  ; 

To  receive  and  submit,  in  the  proper  man- 
ner, all  motions  and  propositions  presented  by 
the  members ; 

To  put  to  vote  all  questions,  which  are 
regularly  moved,  or  necessarily  arise  in  the 


THE    PRESIDING    OFFICER.  27 

course  of  the  proceedings,  and*  to  announce 
the  result ; 

To  restrain  the  members,  when  engaged  in 
debate,  within  the  rules  of  order  ; 

To  enforce  on  all  occasions  the  observance 
of  order  and  decorum  among  the  members  ; 

To  receive  all  messages  and  other  com- 
munications and  announce  them  to  the  as- 
sembly ; 

To  authenticate,  by  his  signature,  when 
necessary,  all  the  acts,  orders,  and  proceedings 
of  the  assembly ; 

To  inform  the  assembly,  when  necessary,  or 
when  referred  to  for  the  purpose,  in  a  point  of 
order  or  practice ; 

To  name  the  members  (when  directed  to  do 
so  in  a  particular  case,  or  when  it  is  made  a 
part  of  his  general  duty  by  a  rule,)  who  are  to 
serve  on  committees  ;  and,  in  general, 

To  represent  and  stand  for  the  assembly, 
declaring  its  will,  and,  in  all  things,  obeying 
implicitly  its  commands. 

28.  If  the  assembly  is  organized  by  the 
choice  of  a  president,  and  vice-presidents,  it  is 
the  duty  of  one  of  the  latter  to  take  the  chair, 
incase  of  the  absence  of  the  president  from 
the  assembly,  or  of  his  withdrawing  from  the 


28  PARLIAMENTARY   PRACTICE. 

chair  for  the  purpose  of  participating  in  the 
proceedings. 

29.  Where  but  one  presiding  officer  is  ap- 
pointed, in  the  first  instance,  his  place  can 
only  be  supplied,  in  case  of  his  absence,  by 
the  appointment  of  a  president  or  chairman 
pro  tempore  ;  and,  in  the  choice  of  this  officer, 
who  ought   to  be   elected  before   any   other 
business  is  done,  it  is  the  duty  of  the  secre- 
tary to  conduct  the  proceedings. 

30.  The  presiding  officer  may  read  sitting, 
but  should  rise  to  state  a  motion,  or  put  a 
question  to  the  assembly. 

SECT.  II.     THE  RECORDING  OFFICER. 

31.  The  principal  duties  of  this  officer  con- 
sist in  taking  notes  of  all  the  proceedings,  and 
in  making  true  entries  in  his  journal  of  all 
"the  things  done  and  past"  in  the  assembly  ; 
but  he  is  not,  in  general,  required  to  take 
minutes  of  "particular  men's  speeches,"  or  to 
make  entries  of  things  merely  proposed  or 
moved,  without  coming  to  a  vote.     He  is  to 
enter  what  is  done  and  past,  but  not  what  is 
said  or  moved.     This  is  the  rule  in  legislative 
assemblies.     In  others,  though  the  spirit  of 


SECRETARY    OR    CLERK.  29 

the  rule  ought  to  be  observed,  it  is  generally 
expected  of  the  secretary,  that  his  record  shall 
be  both  a  journal  and  in  some  sort  a  report  of 
the  proceedings. 

32.  It  is  also  the  duty  of  the  secretary  to 
read  all  papers,  etc.,  which  may  be  ordered  to 
be  read  ;  to  call  the  roll  of  the  assembly,  and 
take  note  of  those  who  are  absent,  when  a  call 
is  ordered  ;  to  call  the  roll  and  note  the  an- 
swers of  the    members,  when  a   question   is 
taken  by  yeas  and  nays  ;  to  notify  committees 
of  their  appointment  and  of  the  business  re- 
ferred to  them  ;  and  to  authenticate  by  his 
signature  (sometimes  alone  and  sometimes  in 
conjunction  with  the  president)  all  the  acts, 
orders,  and  proceedings  of  the  assembly. 

33.  The  clerk  is  also  charged  with  the  cus- 
tody of  all  the  papers  and  documents  of  every 
description,  belonging  to  the  assembly,  as  well 
as  the  journal  of  its  proceedings,  and  is  to  let 
none  of  them  be  taken  from  the  table  by  any 
member  or  other  person,  without  the  leave  or 
order  of  the  assembly. 

34.  When  but  a  single  secretary  or  clerk 
is  appointed,  his  place  can  only  be  supplied, 
during  his  absence,  by  the  appointment  of 
some  one  to  act  pro  tempore.     When  several 


30  PARLIAMENTARY    PRACTICE. 

persons  are  appointed,  this  inconvenience  is 
not  likely  to  occur. 

35.   The  clerk  should  stand  while  reading  or 
calling  the  assembly. 


CHAPTEE  III. 

OF  THE  RIGHTS  A1STD  DUTIES  OF  THE  MEMBERS. 

36.  The  rights  and  duties  of  the  members 
of  a  deliberative  assembly,  as  regards  one  an- 
other, are  founded  in  and  derived  from  tha 
principle  of  their  absolute  equality  among 
themselves.  Every  member,  however  humble 
he  may  be,  has  the  same  right  with  every 
other,  to  submit  his  propositions  to  the  assem- 
bly,— to  explain  and  recommend-them  in  dis- 
cussion,— and  to  have  them  patiently  exam- 
ined and  deliberately  decided  upon  by  the  as- 
sembly ;  and,  on  the  other  hand,  it  is  the 
duty  of  every  one  so  to  conduct  himself,  both 
in  debate  and  m  his  general  deportment  in 
the  assembly,  as  not  to  obstruct  any  other 
member,  in  the  enjoyment  of  his  equal  rights. 
The  rights  and  duties  of  the  members  require 


EIGHTS    AND    DUTIES    OF   THE   MEMBEES.    31 

to  be  explained  only  in  reference  to  words 
spoken  in  debate  (whether  spoken  of  a  mem- 
ber or  otherwise)  and  to  general  deportment. 
The  first  will  be  most  conveniently  noticed  in 
the  chapter  on  debate ;  the  other  will  be  con- 
sidered in  this  place. 

37.  The  observance  of  decorum,  by  the 
members  of  a  deliberative  assembly,  is  not 
only  due  to  themselves  and  to  one  another,  as 
gentlemen  assembled  together  to  deliberate  on 
matters  of  common  importance  and  interest, 
but  is  also  essential  to  the  regular  and  satis- 
factory proceeding  of  such  an  assembly.  The 
rules  on  this  subject,  though  generally  laid 
down  with  reference  to  decorum  in  debate, 
are  equally  applicable  whether  the  assembly 
be  at  the  time  engaged  in  debate  or  not;  and, 
therefore,  it  may  be  stated,  generally,  that  no 
member  is  to  disturb  another,  or  the  assembly 
itself,  by  hissing,  coughing,  or  spitting ;  by 
speaking  or  whispering  to  other  members  ; 
by  standing  up  to  the  interruption  of  others ; 
by  passing  between  the  presiding  officer  and  a 
member  speaking  ;  going  across  the  assembly 
room,  or  walking  up  and  down  in  it ;  taking 
books  or  papers  from  the  table,  or  writing 
there. 


32  PARLIAMENTARY   PRACTICE. 

38.  All    these    breaches    of   decorum  are 
doubtless    aggravated    by    being  committed 
while   the  assembly  is   engaged    in   debate, 
though  equally  contrary  to  the  rules  of  pro- 
priety, under  any  other  circumstances.     As- 
saults, by  one  member  upon  another, — threats 
— challenges, — affrays,    etc.,    are    also    high 
breaches  of  decorum. 

39.  It  is  also  a  breach  of  decorum  for  a 
member  to  come  into  the  assembly  room  with 
his  head  covered,  or  to  remove  from  one  place 
to  another  with  his  hat  on,  or  to  put  his  hat 
on  in  coming  in  or  removing,  or  until  he  has 
taken  his  seat ;  and,    in  many  assemblies, 
especially  those  which  consist  of  a  small  num- 
ber of  members,  it  is  not  the  custom  to  have 
the  head  covered  at  all. 

40.  In  all  instances  of  irregular  and  dis- 
orderly deportment,  it  is  competent  for  every 
member,  and  is  the  special  duty  of  the  pre- 
siding officer,  to  complain  to  the  assembly,  or 
to  take  notice  of  the  offence,  and  call  the  at- 
tention of  the  assembly  to  it.     When  a  com- 
plaint of  this  kind  is  made  by  the  presiding 
officer,  he  is  said  to  name  the  member  offend- 
ing ;  that  is,  he  declares  to  the  assembly,  that 
such   a  member,   calling  him   by  name,   is 


RIGHTS    AND    DUTIES    OF    THE    MEMBERS.     33 

guilty  of  certain  irregular  or  improper  con- 
duct. The  member,  who  is  thus  charged 
with  an  offence  against  the  assembly,  is  enti- 
tled to  be  heard  in  his  place  in  exculpation, 
and  is  then  to  withdraw.  Being  withdrawn, 
the  presiding  officer  states  the  offence  com- 
mitted, and  the  assembly  proceeds  to  consider 
of  the  degree  and  amount  of  punishment  to 
be  inflicted.  The  assembly  may  allow  the 
member  complained  of  to  remain,  when  he 
offers  to  withdraw  ;  or,  on  the  other  hand, 
it  may  require  him  to  withdraw,  if  he  do  not 
offer  to  do  so  of  his  own  accord.  The  pro- 
ceedings are  similar,  when  the  complaint  is 
made  by  a  member,  except  that  the  offence  is 
stated  by  such  member,  instead  of  being  stated 
by  the  presiding  officer. 

41.  ~No  member  ought  to  be  present  in  the 
assembly,  when  any  matter  of  business  con- 
cerning himself  is  debating ;  nor,  if  present, 
by  the  indulgence  of  the  assembly,  ought  he 
to  vote  on  any  such  question.  Whether  the 
matter  in  question  concern  his  private  inter- 
est, or  relate  to  his  conduct  as  a  member, 
— as  for  a  breach  of  order,  or  for  matter  aris- 
ing in  debate, — as  soon  as  it  is  fairly  before 
the  assembly,  the  member  is  to  be  heard  in 


34  PARLIAMENTARY    PRACTICE. 

exculpation  and  then  to  withdraw,  until  the 
matter  is  settled.  If,  notwithstanding,  a 
member  should  remain  in  the  assembly  and 
vote,  his  vote  may  and  ought  to  be  disallowed; 
it  being  contrary,  not  only  to  the  laws  of  de- 
cency, but  to  the  fundamental  principle  of 
the  social  compact,  that  a  man  should  sit 
and  act  as  a  judge  in  his  own  case. 

42.  The  only  punishments,  which  can  be 
inflicted  upon  its  members  by  a  deliberative 
assembly  of  the  kind  now  under  consideration, 
consist  of  reprimanding, — exclusion  from  the 
assembly, — a  prohibition  to  speak  or  vote, 
for  a  specified  time, — and  expulsion  ;  to  which 
are  to  be  added  such  other  forms  of  punish- 
ment, as  by  apology,  begging  pardon,  etc.,  as 
the  assembly  may  see  fit  to  impose,  and  to 
require  the  offender  to  submit  to,  on  pain  of 
expulsion. 


CHAPTER  IV. 

OF   THE    INTRODUCTION    OF   BUSINESS. 

43.  The  proceedings  of  a  deliberative  as- 
sembly, in  reference  to  any  particular  subject, 
are  ordinarily  set  in  motion,  in  the  first  in- 


OF    THE    INTRODUCTION    OF    BUSINESS.       35 

stance,  by  some  one  of  the  members  either 
presenting  a  communication  from  persons 
not  members,  or  himself  submitting  a  propo- 
sition to  the  assembly. 

44.  Communications  made  to  the  assembly 
are  of  two  kinds,  namely,   those  which  are 
merely  for  its  information  in  matters  of  fact, 
and  those  which  contain  a  request  for  some 
action  on  the  part  of  the  asembly,  either  of  a 
general  nature,  or  for  the  benefit  of  an  in- 
dividual.    The  latter  only,  as  they  alone  con- 
stitute a  foundation  for  future  proceedings, 
require  to  be  noticed. 

45.  Propositions   made    by   members   are 
drawn  up  and  introduced,  by  motion,  in  the 
form  which  they  are  intended  by  the  mover 
to  bear,  as  orders,  resolutions,  or  votes,  if  they 
should  be  adopted  by  the  assembly.     These 
propositions,  of  whatever  nature  they  may  be, 
are  usually  denominated  motions,  until  they 
are  adopted  ;  they  then  take  the  name  which 
properly  belongs  to  them. 

46.  When  a  member  has  occasion  to  make 
any  communication  whatever  to  the  assembly, 
— whether  to  present  a  petition  or  other  paper, 
or  to  make  or  second  a  motion  of  any  kind, 
or  merely  to  make  a  verbal  statement, — as 


36  PARLIAMENTARY    PRACTICE. 

well  as  when  one  desires  to  address  the  assem- 
bly in  debate,  he  must  in  the  first  place,  as 
the  expression  is,  "  obtain  the  floor"  for  the 
purpose  he  has  in  view.  In  order  to  do  this, 
he  must  rise  in  his  place,*  and,  standing  un- 
covered, address  himself  to  the  presiding 
officer,  by  his  title;  the  latter,  on  hearing 
himself  thus  addressed,  calls  to  the  member 
by  his  name;  and  the  member  may  then,  but 
not  before,  proceed  with  his  business. 

47.  If  two  or  more  members  rise  and  ad- 
dress themselves  to  the  presiding  officer,  at 
the  same  time,  or  nearly  so,  he  should  give 
the  floor  to  the  member,  whose  voice  he  first 
heard.  If  his  decision  should  not  be  satisfac- 
tory, any  member  may  call  it  in  question, 
saying  that  in  his  opinion  such  a  member  (not 
the  one  named)  was  first  up,  and  have  the 
sense  of  the  assembly  taken  thereon,  as  to 
which  of  the  members  should  be  heard.  In 
this  case,  the  question  should  be  first  taken 
upon  the  name  of  the  member  announced  by 

*  In  the  house  of  representatives  of  Massachusetts, 
where  each  member's  seat  is  regularly  assigned  to 
him,  and  numbered,  it  has  been  found  useful,  in  de- 
ciding upon  the  claims  of  several  competitors  for  the 
floor,  to  prefer  one  who  rises  in  his  place,  to  a  mem- 
ber who  addresses  the  speaker  from  the  area,  the 
passageways,  or  the  seat  of  any  other  member. 


OF    THE    INTRODUCTION    OF    BUSINESS.       37 

the  presiding  officer;  and,  if  this  question 
should  be  decided  in  the  negative,  then  upon 
the  name  of  the  member  for  whom  the  floor 
was  claimed  in  opposition  to  him. 

48.  The  mode  of    proceeding    upon  such 
communications  from  persons  not  members,, 
as  are  above  alluded  to,  may  be  explained  by 
that  adopted  on  the  presentation  of  a  petition, 
which  may  be  considered  as  the  representative 
of  the  whole  class  to  which  it  belongs. 

49.  A   petition,   in   order  to  be  received, 
should  be  subscribed  by  the  petitioner  himself, 
with  his  own  hand,  either  by  name  or  mark, 
except  in  case  of  inability  from  sickness,  or 
because  the  petitioner  is  attending  in  person; 
and  should  be  presented  or  offered,  not  by  the 
petitioner  himself,  but  by  some  member  to 
whom  it  is  intrusted  for  that  purpose. 

50.  The  member,  who  presents  a  petition, 
should  previously  have  informed  himself  of 
its  contents,  so  as  to  be  able  to  state  the  sub- 
stance of  it,  on  offering  it  to  the  assembly, 
and  also  to  be  prepared  to  say,  if  any  question 
should  be  made,  that  in  his  judgment  it  is 
couched  in  proper  language,  and   contains 
nothing    intentionally   disrespectful   to    the 
assembly. 

51.  Being  thus  prepared,  the  member  rises 


38  PARLIAMENTARY    PRACTICE. 

in  his  place,  with  the  petition  in  his  hand,  and 
informs  the  assembly  that  he  has  a  certain 
petition,  stating  the  substance  of  it,  which  he 
thereupon  presents  or  offers  to  the  assembly, 
and,  at  the  same  time,  moves  (which,  however, 
may  be  done  by  any  other  member)  that  it 
be  received;  the  motion  being  seconded,  the 
question  is  put  whether  the  assembly  will 
receive  the  petition  or  not.  This  is  the  regu- 
lar course  of  proceeding;  but,  in  practice  there 
is  seldom  any  question  made  on  receiving  a 
petition;  the  presiding  officer  usually  taking 
it  for  granted,  that  there  is  no  objection  to 
the  reception,  unless  it  be  stated.  If,  how- 
ever, any  objection  is  made  to  a  petition,  before 
it  has  been  otherwise  disposed  of,  the  presid- 
ing officer  eught  to  retrace  his  steps  and  re- 
quire a  motion  of  reception  to  be  regularly 
made  and  seconded. 

52.  If  the  question  of  reception  is  deter- 
mined in  the  affirmative,  the  petition  is 
brought  up  to  the  table  by  the  member  pre- 
senting it";  and  is  there  read  as  of  course  by 
the  clerk.  It  is  then  regularly  before  the 
assembly,  to  be  dealt  with  as  it  thinks  pro- 
per; the  usual  course  being  either  to  proceed 
to  consider  the  subject  of  it  immediately,  or 
to  assign  some  future  time  for  its  considera- 


OF    THE    INTRODUCTION    OF    BUSINESS.       39 

tion,  or  to  order  it  to  lie  on  the  table  for  the 
examination  and  consideration  of  the  mem- 
bers individually. 

53.  Whenever  a  member  introduces  a  pro- 
position of  his  own,  for  the  consideration  of 
the  assembly,   he  puts  it  into  the  form   he 
desires  it  should  have,  and  then  moves  that  it 
be  adopted  as  the  resolution,  order,  or  vote 
of  the  assembly.     If  this  proposition  so  far 
meets  the  approbation  of  other  members,  that 
one  of  them  rises  in  his  place  and  seconds  it, 
it  may  then  be  put  to  the  question;  and  the 
result,   whether  affirmative  or   negative,  be- 
comes the  judgment  of  the  assembly. 

54.  A  motion  must  be  submitted  in  writing; 
otherwise  the  presiding  officer  will  be  justified 
in  refusing  to  receive  it;  he  may  do  so,  how- 
ever, if  he  pleases,  and  is  willing  to  take  the 
trouble  himself  to  reduce  it  to  writing.     This 
rule  extends  only  to  principal  motions,  which, 
when  adopted,  become  the  acfc  and  express 
the  sense  of  the  assembly;  but  not  to  sub- 
sidiary or  incidental  motions  f  which  merely 
enable  the  assembly  to  dispose  of  the  former 

t  Such  as,  to  adjourn, — lie  on  the  table,  — f or  the 
previous  question,  — f  or  postponement, -^-commit- 
ment, etc. 


40  PARLIAMENTARY    PRACTICE. 

in  the  manner  it  desires,  and  which  are  always 
in  the  same  form.  In  the  case  of  a  motion  to 
amend,  which  is  a  subsidiary  motion,  the  rule 
admits  of  an  exception,  so  far  as  regards  the 
insertion  of  additional  words,  which,  as  well 
as  the  principal  motion,  must  be  in  writing. 

55.  A  motion  must  also  be  seconded,  that 
is,  approved  by  some  one  member,  at  least, 
expressing  his  approval  by  rising  and  saying, 
that  he  seconds  the  motion;  and  if  a  motion 
be  not  seconded,  no  notice  whatever  is  to  be 
taken  of  it  by  the  presiding  officer;  though, 
in  practice,  very  many  motions,  particularly 
those  which  occur  in  the  ordinary  routine  of 
business,  are  admitted  without  being  seconded  % 
This  rule  applies  as  well  to  subsidiary  as  prin- 
cipal motions.  The  seconding  of  a  motion 
seems  to  be  required,  on  the  ground,  that  the 
time  of  the  assembly  ought  not  to  be  taken 
up  by  a  question,  which,  for  anything  that 
appears,  has  no  one  in  its  favor  but  the  mover. 
There  are  some  apparent  exceptions  to  this 
rule,  which  will  be  stated  hereafter,  in  those 
cases,  in  which  one  member  alone  has  the 
right  of  instituting  or  giving  direction  to  a 
particular  proceeding;  and  an  actual  excep- 
tion is  sometimes  made  by  a  special  rule,  re- 


OF   THE    INTRODUCTION    OF    BUSINESS.       41 

quiring  certain  motions  to  be  seconded  by 
more  than  one  member. 

56.  When  a  motion   has   been  made  and 
seconded,  it  is  then  to  be  stated  by  the  pre- 
siding officer  to  the  assembly,  and  thus  be- 
comes a  question  for  its  decision;  and,  until 
so  stated,  it  is  not  in   order  for  any  other 
motion  to  be  made,*  or  for  any  member  to 
speak  to  it;  but,  when  moved,  seconded,  and 
stated   from   the   chair,  a  motion   is  in  the 
possession  of  the  assembly,   and   cannot  be 
withdrawn  by  the  mover,  but  by  special  leave 
of  the  assembly,  which  must  be  obtained  by 
a  motion   made  and   seconded   as   in   other 
cases. 

57.  When  a  motion  is  regularly  before  the 
assembly,  it  is  the  duty  of  the  presiding  officer 
to  state  it  if  it  be  not  in  writing,  or  to  cause 
it  to  be  read,  if  it  be,  as  often  as  any  member 

*  "  A  member  can  make  but  one  motion  at  a  time. 
The  contrary  has  been  allowed  in  Congress,  and  has 
grown  to  be  a  common  usage;  e.g.,  as,  when  a  mem- 
ber makes  a  motion,  and  then  moves  in  the  same 
breath  that  his  own  motion  be  laid  on  the  table. 

This  is  a  great  abuse;  and  the  bad  example  of 
Congress  should  not  be  followed  by  other  assem- 
blies. In  such  a  case,  the  presiding  officer  should 
entertain  the  former  motion,  and  treat  the-  latter  as 
if  it  had  not  been  made/' 


42  PARLIAMENTARY    PRACTICE. 

desires  to  have  it  stated  or  read  for  his  infor- 
mation. 

58.  When  a  motion  or  proposition  is  regu- 
larly before  the  assembly,  no  other  motion 
can  be  received,  unless  it  be  one  which  is  pre- 
vious in  its  nature  to  the  question  under  con- 
sideration, and  consequently  entitled  to  take 
its  place  for  the  time  being,  and  be  first  de- 
cided. 


CHAPTER  V. 

• 

OF   MOTIONS    IN   GENERAL. 

59.  When  a  proposition  is  made  to  a  de- 
liberative assembly,  for  its  adoption,  the  pro- 
position may  be  in  such  a  form  as  to  be  put 
to  the  question,  and  the  assembly  may  be  in 
such  a  state  as  to  be  willing  to  come  to  a 
decision  upon  it,  at  once;  and  when  this  is  the 
case,  nothing  more  can  be  necessary  than  to 
take  the  votes  of  the  members,  and  ascertain 
the  result.  But  a  different  state  of  things 
may  and  commonly  does  exist;  the  assembly 
may  prefer  some  other  course  of  proceeding 
to  an  immediate  decision  of  the  question  in 


OF    MOTIONS    IN    GENERAL.  43 

the  form  in  which  it  is  presented;  and,  as  it  is 
proper,  that  every  parliamentary  body  should 
have  the  means  of  fitly  disposing  of  every 
proposition  which  may  be  made  to  it,  certain 
forms  of  question  have  from  time  to  time  been 
invented,  and  are  now  in  general  use,  for  that 
purpose.  These  forms  of  question  may  prop- 
erly be  called  subsidiary,  in  order  to  dis- 
tinguish them  from  the  principal  motion  or 
question  to  which  they  relate. 

60.  The  different  states  of  mind,  in  which 
a  proposition  may  be  received  by  a  delibera- 
tive assembly,  and  the  corresponding  forms 
of  proceeding,  or  subsidiary  motions,  to  which 
they  give  rise,  in  order  to  ascertain  the  sense 
of  the  assembly,  are  the  following: 

First.  The  assembly  may  look  upon  the 
proposition  as  useless  or  inexpedient;  and  may 
therefore  desire  to  suppress  it,  either  for  a 
time,  or  altogether.  The  subsidiary  motions, 
for  this  purpose,  are  the  previous  question, 
and  indefinite  postponement. 

Second.  The  assembly  may  be  willing  to 
entertain  and  consider  of  a  proposition,  but 
not  at  the  time  when  it  is  made;  either  be- 
cause more  information  is  wanted  by  the 
members  individually;  or  because  they  desire 


44  PARLIAMENTARY    PRACTICE. 

further  time  for  reflection  and  examination: 
or  because  the  assembly  is  then  occupied  with 
some  other  matter,  which  has  more  pressing 
claims  upon  its  present  attention.  The  usual 
motions,,  under  such  circumstances,  are  post- 
ponement to  some  future  day  or  time,  and  to 
lie  on  the  table. 

Third.  The  subject-matter  of  a  proposition 
may  be  regarded  with  favor,  but  the  form  in 
which  it  is  introduced  may  be  so  defective, 
that  a  more  careful  and  deliberate  consider- 
ation, than  can  conveniently  be  given  to  it  in 
the  assembly  itself,  may  be  necessary  to  put 
it  into  a  satisfactory  form.  In  this  case,  it  is 
most  proper  to  refer  the  proposition  to  a 
committee. 

Fourth.  The  proposition  may  be  acceptable, 
and  the  form  in  which  it  is  presented  so  far 
satisfactory,  that  the  assembly  may  be  willing 
to  consider  and  act  upon  it,  with  such  altera- 
tions and  amendments  as  may  be  thought 
proper.  The  motion  adapted  to  this  case  is 
to  amend. 

61.  It  is  not  to  be  supposed  that  the  sub- 
sidiary motions  above  specified  are  the  only 
ones  that  have  at  any  time  been  adopted  or 
used;  or  that  it  is  not  competent  to  a  delib- 


OF    MOTIONS    TO    SUPPRESS.  45 

erative  assembly  to  frame  new  motions  at 
pleasure;  but  these  are  the  forms  in  most 
common  use,  and  are  entirely  sufficient  for  all 
practical  purposes.  *  Neither  is  it  to  be  sup- 
posed, that  these  motions  are  always  applied 
strictly  to  the  cases  to  which  they  most  appro- 
priately belong;  several  of  them  are  frequently 
used  to  effect  purposes,  for  which  others 
would  be  more  proper.  These  misapplica- 
tions will  be  taken  notice  of,  under  the  heads 
of  the  several  motions. 


CHAPTER  VI. 

OF    MOTIONS   TO   SUPPRESS. 

62.  When  a  proposition  is  moved,  which  it 
is  supposed  may  be  regarded  by  the  assembly 

*  It  is  usual  in  legislative  assemblies,  to  provide 
by  a  special  rule,  both  as  to  the  particular  motions 
to  be  used,  and  the  order  in  which  they  may  be 
made.  Thus,  the  rule  in  the  house  of  representa- 
tives of  Congress  (which  is  also  adopted  in  the  house 
of  representatives  of  Massachusetts),  is,  that,  "  when 
a  question  is  under  debate,  no  motion  shall  be  re- 
ceived, but  to  adjourn,  to  lie  on  the  table,  for  the 
previous  question,  to  postpone  to  a  day  certain,  to 
commit,  to  amend,  to  postpone  indefinitely,  which 
several  motions  shall  have  precedence  in  the  order  in 
which  they  are  arranged." 


46  PARLIAMENTARY    PRACTICE. 

as  useless  or  inexpedient,  and  which  it  may 
therefore  be  desirous  to  get  rid  of,  such  pro- 
position may  be  suppressed  for  a  time  by 
means  of  the  previous  question,  or  altogether 
by  a  motion  for  indefinite  postponement. 

SECT.  I.     PREVIOUS  QUESTION. 

63.  The  original  and  proper  parliamentary 
use  of  the  previous  question  being,  as  above 
stated,  the  suppression  of  a  main  question,  it 
seems  proper  to  consider  it  as  one  of  the  sub- 
sidiary motions  for  that  purpose ;  although, 
in  this  country,  it  has  been  perverted  to  a 
wholly  different  use,  namely,  the  suppression' 
of  debate.     This  consideration,  in  connection 
with  the  difficulty  of  the  subject,  and  the  im- 
portance of   a   correct   understanding  of  it, 
makes  it  proper  to  devote  more  room  to  the 
previous  question,  than  needs  to  be  given  to 
most  of  the  other  subsidiary  motions.     It  will 
first  be  considered  according  to  its  original 
use  and  intention  :  and,  afterwards,  as  used 
in  this  country. 

64.  There  are  several  motions,  which  give 
rise  to  questions  previous  in  their  nature  to 
other  questions  to  which  they  relate  ;  but  the 
term  previous  has  been  applied  exclusively  to 


OF    MOTIONS    TO    SUPPRESS.  47 

a  motion  denominated  the  previous  question, 
which  has  for  its  object  the  suppression  of  a 
principal  motion  or  question.  This  motion 
was  introduced  into  the  house  of  commons  in 
England,  more  than  two  centuries  ago,  for  the 
purpose  of  suppressing  subjects  of  a  delicate 
nature,  relating  to  high  personages,  or  the  dis- 
cussion of  which  might  call  forth  observations 
of  an  injurious  tendency.  When  first  made 
use  of,  the  form  of  the  motion  was,  shall  the 
main  question  be  put  9  and  the  effect  of  a  de- 
cision of  it  in  the  negative  was  to  suppress  the 
main  question  for  the  whole  session.  The 
form  of  it  was  afterwards  changed  to  that 
which  it  has]at  present,  namely,  shall  the  main 
question  be  noiv  put  9  and  the  effect  of  a  nega- 
tive decision  of  it  now  is  to  suppress  the  main 
question  for  the  residue  of  the  day  only.  The 
operation  of  this  motion,  in  suppressing  the 
question  to  which  it  is  applied,  results  from 
the  principle,  that  no  further  consideration  or 
discussion  can  regularly  be  had  of  a  subject, 
which  it  has  been  decided  shall  not  be  put 
to  the  question  ;  and,  therefore,  when  on  the 
motion  of  the  previous  question,  it  has  been 
decided,  that  the  principal  question  shall  not 
now  be  put,  that  question  is  disposed  of  for 


48  PARLIAMENTARY    PRACTICE. 

the  day,  and  cannot  be  renewed  until  the  next 
or  some  succeeding  day.  This  is  the  purpose 
for  which  the  previous  question  was  originally 
invented,  and  for  which  it  is  still  used  in  the 
British  parliament. 

65.  But  the  previous  question  may  be  de- 
cided in  the  affirmative,  as  well  as  the  nega- 
tive, that  is,  that  the  main  question  shall 
now  be  put;  in  which  case,  that  question  is  to 
be  put  immediately,  without  any  further  de- 
bate, and  in  the  form  in  which  it  then  exists. 
This  operation  of  the  previous  question,  when 
decided  affirmatively,  has  led  to  the  use  of  it 
for  the  purpose  of  suppressing  debate  on  a 
principal  question,  and  coming  to  a  vote  upon 
it  immediately;  and  this  is  ordinarily  the  only 
object  of  the  previous  question  as  made  use 
of  in  the  legislative  assemblies  of  the  United 
States,  f  The  operation  of  a  negative  decision 
is  different  in  different  assemblies;  in  some, 

f  Mr.  Jefferson  (Manual,  §  xxxiv.)  considers  this 
extension  of  the  previous  question  as  an  abuse.  He 
is  of  opinion  that  "its  uses  would  be  as  well  an- 
swered by  other  more  simple  parliamentary  forms, 
and  therefore  it  should  not  be  favored,  but  restricted 
within  as  narrow  limits  as  possible. "  Notwithstand- 
ing this  suggestion,  however,  the  use  of  the  previous 
question,  as  above  stated,  has  become  so  firmly 
established,  that  it  cannot  now  be  disturbed  or  un- 
settled. 


OF    MOTIONS    TO    SUPPRESS.  49 

as,  for  example,  in  the  house  of  representa- 
tives of  Congress,  it  operates  to  dispose  of  the 
principal  or  main  question  by  suppressing  or 
removing  it  from  before  the  house  for  the 
day;  but  in  others,  as  in  the  house  of  repre- 
sentatives of  Massachusetts,  and  the  house  of 
assembly  of  !N"ew  York  (in  the  former  by 
usage  only,  and  in  the  latter  by  a  rule),  the 
effect  of  a  negative  decision  of  the  previous 
question  is  to  leave  the  main  question  under 
debate  for  the  residue  of  the  sitting,  unless 
sooner  disposed  of  by  taking  the  question,  or 
in  some  other  manner. 

66.  In  England,  the  previous  question  is 
used  only  for  suppressing  a  main  question; 
the  object  of  the  mover  is  to  obtain  a  decision 
of  it  in  the  negative;  and  the  effect  of  such  a 
decision,  though  in  strictness  only  to  suppress 
the  question  for  the  day,  is,  practically  and 
by  parliamentary  usage,  to  dispose  of  the  sub- 
ject altogether.  In  this  country,  the  previous 
question  is  used  chiefly  for  suppressing  de- 
bate on  a  main  question;  the  object  of  the 
mover  is  to  obtain  a  decision  of  it  in  the 
affirmative;  and  the  effect  of  a  decision  the 
other  way,  though  in  some  assemblies  operat- 
ing technically  to  suppress  the  main  question 


50  PARLIAMENTARY    PRACTICE. 

for  the  day  only,  is,  in  general,  merely  to 
suspend  the  taking  of  the  question  for  that 
day;  either  leaving  the  debate  to  go  on  during 
the  residue  of  the  day,  or  the  subject  to  be 
renewed  on  the  next  or  some  other  day.  The 
operation  of  an  affirmative  decision  is  the 
same,  in  both  countries,  namely,  the  putting 
of  the  main  question  immediately,  and  with- 
out further  debate,  delay,  or  consideration. 

SECT.  II.     INDEFINITE  POSTPONEMENT. 

67.  In  order  to  suppress  a  question  alto- 
gether, without  coming  to  a  direct  vote  upon 
it,  in  such  a  manner  that  it  cannot  be  re- 
newed, the  proper  motion  is  for  indefinite 
postponement ;  that  is,  a  postponement  or 
adjournment  of  the  question,  without  fixing 
any  day  for  resuming  it.  The  effect  of  this 
motion,  if  decided  in  the  affirmative,  is  to 
quash  the  proposition  entirely ;  as  an  in- 
definite adjournment  is  equivalent  to  a  disso- 
lution, or  the  continuance  of  a  suit,  without 
day,  is  a  discontinuance  of  it.  A  negative 
decision  has  no  effect  whatever.* 

*  "The  motion  to  indefinitely  postpone  cannot  be 
amended.  When  a  motion  to  indefinitely  postpone 
prevails,  the  proposition  so  postponed  connot  be  re- 
newed during  the  session." — ED. 


OF   MOTIONS   TO    POSTPONE.  51 

CHAPTER  VII. 

OF   MOTIONS  TO   POSTPONE. 

68.  If  the  assembly  is  willing  to  entertain 
and  consider  a  question,  but  not  at  the  time 
when  it  is  moved,  the  proper  course  is  either 
to  postpone  the  subject  to  another  day,  or  to 
order  it  to  lie  on  the  table. 

69.  When  the  members  individually  want 
more  information  than  they  possess,  at  the 
time  a  question  is  moved,  or  desire  further 
time  for  reflection  and  examination,  the  pro- 
per motion  is,  to  postpone  the  subject  to  such 
future  day  as  will  answer  the  views  of  the 
assembly. 

70.  This  motion  is  sometimes  used  improp- 
erly, to  get  rid  of  a  proposition  altogether,  as 
would  be  done  by  an  indefinite  postponement. 
This  is  effected  by  fixing  upon  a  day,  which, 
according  to  the  common   course  of  things, 
will  not  arrive  until  after  the  assembly  has 
been  brought  to  a  close.     But  a  motion,  word- 
ed in  this  manner,  is  precisely  equivalent  to 
a  motion  for  indefinite   postponement   and 
should  be  so  considered  and  treated. 


52  PABLIAMENTARY    PRACTICE. 

71.  If  the  assembly  has  something  else  be- 
fore it,  which  claims  its  present  attention,  and 
is  therefore  desirous  to  postpone  a  particular 
proposition,  until  that  subject  is  disposed  of, 
such  postponement  may  be  effected  by  means 
of  a  motion  that  the  matter  in  question  lie  on 
the  table.    If  this  motion  prevails,  the  subject 
so  disposed  of  may  be  taken  up,  at  any  time 
afterwards,  and  considered,  when  it  may  suit 
the  convenience  of  the  assembly. 

72.  This  motion  is  also  sometimes  made  use 
of  for  the  final  disposition  of  a  subject;  and 
it  always  has  that  effect,  when  no  motion  is 
afterwards  made  to  take  it  up.* 


CHAPTER  VIII. 

OF    MOTIONS   TO   COMMIT. 

73.  The  third  case  for  the  use  of  a  sub- 
sidiary motion,  as  already  stated,  occurs, 
when  the  subject-matter  of  a  proposition  is 
regarded  with  favor,  but  the  form  in  which 
it  is  introduced  is  so  defective,  that  a  more 
careful  and  deliberate  consideration  is  neces- 

*  "  This  motion  (i.e.,  to  lie  on  tJie  table)  is  not  de- 
batable, and  is  not  subject  to  amendment." — ED. 


OF    MOTIONS    TO    COMMIT.  53 

sary,  than  can  conveniently  be  given  to  it  in 
the  assembly  itself,  in  order  to  put  it  into  a 
satisfactory  form.  The  course  of  proceeding 
then  is,  to  refer  the  subject  to  a  committee; 
which  is  called  a  commitment,  or,  if  the  sub- 
ject has  already  been  in  the  hands  of  a  com- 
mittee, a  recommitment. 

74.  If  there  is  a  standing  committee  of  the 
assembly,  whose  functions  embrace  the  sub- 
ject in  question,  the  motion  should  be  to  re- 
fer it  to  that  committee;  if  there  is  no  such 
committee,  then  the  motion  should  be  to  re- 
fer to  a  select  committee.     If  it  is  a  matter  of 
doubt,  whether  a   particular   standing   com- 
mittee is  appropriate  or  not,  and  propositions 
are  made  for  a  reference  to  that  committee, 
and  also  for  a  reference  to  a  select  committee, 
the  former  proposition  should  be  first  put  to 
the  question. 

75.  When  a  subject  is  referred  or  recom- 
mitted, the  committee  may  be  instructed  or 
ordered  by  the  assembly,  as  to  any  part  or 
the  whole  of  the  duties  assigned  them;    or 
the  subject  may  be  left  with  them  without 
instructions.     In   the   former   case,    the   in- 
structions must  be  obeyed,  of  course;  in  the 
latter,  the  committee  have  full  power   over 


54  PARLIAMENTARY    PRACTICE. 

the  matter,  and  may  report  upon  it,  in  any 
manner  they  please,  provided  they  keep  with- 
in the  recognized  forms  of  parliamentary  pro- 
ceedings. 

76.  A  part  only  of  a  subject  may  be  com- 
mitted,   without   the  residue ;    or  different 
parts  may  be  committed  to  different  com- 
mittees. 

77.  A  commitment  with    instructions    is 
sometimes  made  use  of,  as  a  convenient  mode 
of  procuring  further  information,  and,  at  the 
same  time,  of  postponing  the  consideration  of 
a  subject  to  a  future  though  uncertain  day. 


CHAPTER  IX. 

OF   MOTIONS   TO   AMEND. 

78.  The  last  case,  for  the  introduction  of 
subsidiary  motions,  is  when  the  assembly  is 
satisfied  with  the  subject-matter  of  a  proposi- 
tion, but  not  with  the  form  of  it,  or  with  all 
its  different  parts,  or  desires  to  make  some 
addition  to  it.  The  course  of  proceeding 
then  is,  to  bring  the  proposition  into  the 
proper  form,  and  make  its  details  satisfactory, 
by  means  of  amendments,  or  of  certain  pro- 


OP   MOTIONS    TO   AMEND.  55 

ceedings  of  a  similar  character,  and  having 
the  same  general  purpose  in  view.  The  latter 
will  be  first  considered. 

SECT.  I.    DIVISION"  OF  A  QUESTION. 

79.  When  a  proposition  or  motion  is  com- 
plicated, that  is,  composed  of  two  or  more 
parts,  which  are  so  far  independent  of  each 
other,  as  to  be  susceptible  of  division  into 
several  questions,  and  it  is  supposed  that  the 
assembly  may  approve  of  some  but  not  of  all 
these  parts,  it  is  a  compendious  mode   of 
amendment  to  divide  the  motion  into  separate 
questions,  to  be  separately  voted  upon  and 
decided  by  the  assembly.     This  division  may 
take  place  by  the  order  of  the  assembly,  on  a 
motion  regularly  made  and  seconded  for  the 
purpose. 

80.  "When  a  motion  is  thus  divided,  it  be- 
comes a  series  of  questions,  to  be  considered 
and  treated  each  by  itself,  as  an  independent 
proposition,  in  the  order  in  which  they  stand; 
and  when  they  have  all  been  gone  through 
with  and  decided,  the  result  will  be  the  same, 
as  if  motions  to  amend  by  striking  out  the 
several  parts  had  been  made  and  put  to  the 
question.     When  a  motion  for  a  division  is 


56  PARLIAMENTARY    PRACTICE. 

made,  the  mover  ought  to  specify  in  his  mo- 
tion the  manner  in  which  he  proposes  to  make 
the  division ;  and  this  motion,  like  every 
other  of  the  nature  of  an  amendment,  is  itself 
susceptible  of  amendment. 

81.  It  is  sometimes  asserted,  that  it  is  the 
right  of  every  individual  member  to  have  a 
complicated  question  (provided  it  is  suscep- 
tible of  division)  divided  into  its  several  parts, 
and  a  question  put  separately  on  each,  on  his 
mere  demand,  and  without  any  motion  or  any 
vote  of  the  assembly  for  that  purpose.     But 
this  is  a  mistake;  there  is  no  such  rule  of 
parliamentary    proceeding  ;     a    complicated 
question  can   only  be   separated  by  moving 
amendments  to  it  in  the  usual  manner,  or  by 
moving  for  a  division  of  it  in  the  manner 
above  stated. 

82.  It  is  not  unusual,  however,  for  a  delib- 
erative assembly  to  have  a  rule  providing  for 
the  division  of  a  complicated  question  (pro- 
vided it  is  susceptible  of  division)   into  its 
several  parts,  upon  the  demand  of  a  member. 
When  this  is  the  case,  ifc  is  for  the  presiding 
officer  (subject  of  course  to  the  revision  of  the 
assembly)  to  decide,  when  the  division  of  a 
motion  is  demanded,  first,  whether  the  propo- 


OF    MOTIONS    TO    AMEND.  57 

sition  is  susceptible  of  division,  and,  secondly, 
into  how  many  and  what  parts  it  may  be 
divided. 

83.  A  proposition,  in  order  to  be  divisible, 
must  comprehend  points  so  distinct  and  en- 
tiro,  that  if  one  or  more  of  them  be  taken 
away,  the  others  may  stand   entire   and   by 
themselves;  but  a  qualifying  paragraph,  as, 
for  example,  an  exception  or  a  proviso,  if 
separated  from  the  general  assertion  or  state- 
ment to  which  it  belongs,  does  not  contain  an 
entire  point  or  proposition. 

SECT.  II.     FILLING  BLANKS.     , 

84.  It  often  happens,  that  a  proposition  is 
introduced  with  blanks  purposely  left  by  the 
mover  to  be  filled  by  the  assembly,  either 
with  times  and  numbers,  or  with  provisions 
analogous  to  those  of  the  proposition  itself. 
In  the  latter  case,  blanks  are  filled  in  the 
same   way,  that  other   amendments   by  the 
insertion  of  words  are  made.     In  the  former, 
propositions  to  fill  blanks  are  not  considered 
as  amendments  to  the  question,  but  as  origi- 
nal motions,  to  be  made  and  decided  before 
the  principal  question. 

85.  When  a  blank  is  left  to  be  filled  with  a 


58  PARLIAMENTARY    PRACTICE. 

time  or  number,  motions  may  be  made  for 
that  purpose,  and  the  question  taken  on  each 
by  itself,  arid  before  another  is  made;  or 
several  motions  may  be  made  and  pending 
before  any  of  them  are  put  to  the  question. 
This  last  mode  of  proceeding,  which  is  the 
most  usual  as  well  as  convenient,  requires 
that  the  several  propositions  should  be  ar- 
ranged, and  the  question  taken  on  them,  in 
such  order  as  will  the  soonest  and  with  the 
most  certainty  enable  the  assembly  to  come 
to  an  agreement. 

86.  In  determining  upon  the  order  to  be 
adopted,  the  object  is  not  to  begin  at  that  ex- 
treme, which  and  more   being  within  every 
man's  wish,  no  one  can  vote  against  it,  and, 
yet,  if  it  should  be  carried  in  the  affirmative, 
every  question  for  more  would  be  precluded; 
but,  at  that  extreme,  which  will  be  likely  to 
unite  the  fewest,  and  then  to  advance  or  re- 
cede, until  a  number  or  time  is  reached,  which 
will  unite  a  majority. 

87.  Hence,  when  several  different  proposi- 
tions are  made  for  filling  blanks  with  a  time 
or  number,  the  rule  is,  that  if  the  larger  com- 
prehends the  lesser,  as  in  a  question  to  what 
day  a  postponement   shall  take  place, — the 


OF   MOTIONS    TO    AMEND.  59 

number  of  which  a  committee  shall  consist, — 
the  amount  of  a  fine  to  be  imposed, — the  term 
of  an  imprisonment,, — the  term  of  irredeema- 
bility  of  a  loan, — or  the  terminus  in  quern  in 
any  other  case,  the  question  must  begin  a 
maxima,  and  be  first  taken  upon  the  greatest 
or  farthest,  and  so  on  to  the  least  or  nearest, 
until  the  assembly  comes  to  a  vote:  But,  if 
the  lesser  includes  the  greater,  as  in  questions 
on  the  limitation  of  the  rate  of  interest, — on 
the  amount  of  a  tax, — on  what  day  the  ses- 
sion of  a  legislative  assembly  shall  be  closed, 
by  adjournment, — on  what  day  the  next  ses- 
sion shall  commence, — or  the  terminus  a  quo 
in  any  other  case,  the  question  must  begin  a 
minimOy  and  be  first  taken  on  the  least  or 
nearest,  and  so  on  to  the  greatest  or  most  re- 
mote, until  the  assembly  comes  to  a  vote,  f 

f  The  above  is  the  rule  as  laid  down  by  Mr.  Jeffer- 
son (§  33),  and  holds  where  it  is  not  superseded  by  a 
special  rule,  which  is  generally  the  case  in  our  leg- 
islative assemblies  ;  as,  for  example,  in  the  senate  of 
the  United  States,  the  rule  is,  that  in  filling  blanks, 
the  LARGEST  sum  and  LONGEST  time  shall  be  first 
put.  In  the  house  of  commons,  in  England,  the 
rule  established  by  usage  is,  that  the  SMALLEST  sum 
and  the  LONGEST  time  shall  be  first  put. 


60  PARLIAMENTARY    PRACTICE, 


SECT.  III.     ADDITION,—  SEPAKATIOST, 


88.  When  the  matters  contained  in  two 
separate  propositions  might  be  better  put  in- 
to one,  the  mode  of  proceeding  is  to  reject 
one  of  them,  and  then  to  incorporate  the  sub- 
stance of  it  with  the  other  by  way  of  amend- 
ment.    A  better  mode,  however,  if  the  busi- 
ness of  the  assembly  will  admit  of  its  being 
adopted,  is  to  refer  both  propositions  to  a 
committee,  with  instructions  to  incorporate 
them  together  in  one. 

89.  So,  on  the  other  hand,  if  the  matter  of 
one  proposition  would  be  more  properly  dis- 
tributed  into   two,   any  part  of  it  may  be 
struck  out  by  way  of  amendment,  and  put 
into  the  form  of  a  new  and  distinct  proposi- 
tion.    But  in  this,  as  in  the  former  case,  a 
better  mode  would  generally  be  to  refer  the 
subject  to  a  committee. 

90.  In  like  manner,  if  a  paragraph  or  sec- 
tion requires   to  be   transposed,   a  question 
must  be  put  on  striking  it  out  where  it  stands, 
and  another  for  inserting  it  in  the  place  de- 
sired. 

91.  The  numbers  prefixed  to  the  several 


OP    MOTIONS    TO    AMEND.  61 

sections,  paragraphs,  or  resolutions,  which 
constitute  a  proposition,  are  merely  marginal 
indications,  and  no  part  of  the  text  of  the 
proposition  itself;  and,  if  necessary,  they  may 
be  altered  or  regulated  by  the  clerk,  without 
any  vote  or  order  of  the  assembly. 

SECT.  IV.    MODIFICATION  on  AMENDMENT 
BY  THE  MOVER. 

92.  The  mover  of  a  proposition  is  some- 
times allowed  to  modify  it,  after  it  has  been 
stated  as  a  question,  by  the  presiding  officer; 
but,  as  this  is  equivalent  to  a  withdrawal 
of  the  motion,  in  order  to  substitute  another 
in  its  place;  and,  since,  as  has  already  been 
seen,  a  motion  regularly  made,  seconded,  and 
proposed,  cannot  be  withdrawn  without  leave: 
it  is  clear,  that  the  practice  alluded  to  rests 
only  upon  general  consent;  and,  that,  if  ob- 
jected to,  the  mover  of  a  proposition  must 
obtain  the  permission  of  the  assembly,  by  a 
motion   and   question,   for  the   purpose,   in 
order  to  enable  him  to  modify  his  proposi- 
tion. 

93.  So,  too,  when  an  amendment  has  been 
regularly  moved  and  seconded,  it  is  sometimes 
the  practice  for  the  mover  of  the  proposition 


62  PARLIAMENTARY    PRACTICE. 

to  which  it  relates  to  signify  his  consent  to  it, 
and  for  the  amendment  to  be  thereupon  made, 
without  any  question  being  taken  upon  it  by 
the  assembly.  As  this  proceeding,  however, 
is  essentially  the  same  with  that  described  in 
the  preceding  paragraph,  it,  of  course,  rests 
upon  the  same  foundation,  and  is  subject  to 
the  same  rule. 

SECT.  V.     GENERAL  EULES   RELATING  TO 

AMENDMENTS. 

94.  All  amendments,  of  which  a  proposi- 
tion is  susceptible,  so  far  as  form  is  con- 
cerned, may  be  effected  in  one  of  three  ways, 
namely,  either  by  inserting  or  adding  certain 
words;  or  by  striking  out  certain  words;  or 
by  striking  out  certain  words,  and  inserting 
or  adding  others.  These  several  forms  of 
amendment  are  subject  to  certain  general 
rules,  which,  being  equally  applicable  to  them 
all,  require  to  be  stated  beforehand. 
~~~95.  First  Rule.  When  a  proposition  con- 
sists of  several  sections,  paragraphs,  or  resolu- 
tions, the  natural  order  of  considering  and 
amending  it  is  to  begin  at  the  beginning,  and 
to  proceed  through  it  in  course  by  para- 
graphs; and  when  a  latter  part  has  been 


OF    MOTIONS    TO    AMEND.  63 

amended,  it  is  not  in  order  to  recur  back,  and 
make  any  alteration  or  amendment  of  a 
former  part. 

96.  Second    Rule.      Every    amendment, 
which  can  be  proposed,  whether  by  striking 
out,  or  inserting,  or  striking  out  and  insert- 
ing, is  itself  susceptible  of  amendment;  but 
there  can  be  no  amendment  of  an  amendment 
to  an  amendment:  this  would  be  such  a  pil- 
ing of  questions  one  upon  another,  as  would 
lead  to  great  embarrassment;  and  as  the  line 
must  be  drawn  somewhere,  it  has  been  fixed 
by  usage  after  the  amendment  to  the  amend- 
ment.    The  object,  which  is  proposed  to  be 
effected  by  such  a  proceeding,  must  be  sought 
by  rejecting  the  amendment  to  the  amend- 
ment, in  the  form  in  which  it  is  proposed, 
and  then  moving  it  again  in  the  form  in 
which  it  is  wished  to  be  amended,  in  which 
it  is  only  an  amendment  to  an  amendment; 
and  in  order  to  accomplish  this,  he  who  de- 
sires  to  amend  an  amendment  should  give 
notice,    that,    if  rejected,    in    the  form   in 
which  it  is  presented,  he  shall  move  it  again 
in  the  form  in  which  he  desires  to  have  it 
adopted. 

97.  Thus,  if  a  proposition  consists  of  A  B, 


64  PARLIAMENTARY    PRACTICE. 

and  it  is  proposed  to  amend  by  inserting  C  D, 
it  may  be  moved  to  amend  the  amendment  by 
inserting  E  F;  but  it  cannot  be  moved  to 
amend  this  amendment/ as,  for  example,  by 
inserting  G.  The  only  mode,  by  which  this 
can  be  reached,  is  to  reject  the  amendment  in 
the  form  in  which  it  is  presented,  namely,  to 
insert  E  F,  and  to  move  it  in  the  form  in 
which  it  is  desired  to  be  amended,  namely,  to 
insert  E  G  F. 

98.  Third  Rule.     Whatever  is  agreed  to 
by  the  assembly,  on  a  vote,  either  adopting  or 
rejecting  a  proposed  amendment,  cannot  be 
afterwards  altered  or  amended. 

99.  Thus,  if  a  proposition  consists  of  A  B, 
and  it  is  moved  to  insert  C;  if  the  amend- 
ment prevail,  C  cannot  be  afterwards  amend- 
ed, because  it  has  been  agreed  to  in  that  form; 
and,  so,  if  it  is  moved  to  strike  out  B,  and 
the  amendment  is  rejected,  B  cannot  after- 
wards be  amended,  because  a  vote   against 
striking  it  out  is  equivalent  to  a  vote  agreeing 
to  it  as  it  stands. 

100.  Fourth  Rule.     Whatever  is  disagreed 
to  by  the  assembly,  on  a  vote,  cannot  be  after- 
wards moved  again.     This  rule  is  the  converse 


OF    MOTIONS    TO    AMEND.  65 

of  the  preceding,  and  may  be  illustrated  in 
the  same  manner. 

101.  Thus,  if  it  is  moved  to  amend  A  B  by 
inserting  C,  and  the  amendment  is  rejected, 
C  cannot  be  moved  again;  or,  if  it  is  moved 
to  amend  A  B  by  striking  out  B,  and  the 
amendment  prevails,  B  cannot  be  restored; 
because,  in  the  first  case,  C,  and,  in  the  other, 
B,  have  been  disagreed  to  by  a  vote. 

102.  Fifth  Rule.     The  inconsistency  or  in- 
compatibility of  a  proposed  amendment  with 
one  which  has  already  been  adopted,  is  a  fit 
ground  for  its  rejection  by  the  assembly,  but 
not  for  the  suppression  of  it  by  the  presiding 
officer,  as  against  order;  for,  if  questions  of 
this  nature  were  allowed  to  be  brought  within 
the  jurisdiction  of  the  presiding  officer,  as 
matters  of  order,  he  might  usurp  a  negative 
on  important  modifications,  and  suppress  or 
embarrass  instead  of  subserving  the  will  of  the 
assembly. 

SECT.  VI.  AMENDMENTS  BY  STRIKING  OUT. 

103.  If  an  amendment  is  proposed  by  strik- 
ing out  a  particular  paragraph   or  certain 
words,  and  the  amendment  is  rejected,  it  can- 
not be  again  moved  to  strike  out  the  same 


66  PARLIAMENTARY    PRACTICE. 

words  or  a  part  of  them;  but  it  may  be  moved 
to  strike  out  the  same  words  with  others,  or 
to  strike  out  a  part  of  the  same  words  with 
others,,  provided  the  coherence  to  be  struck 
out  be  so  substantial,  as  to  make  these,  in 
fact,  different  propositions  from  the  former. 

104.  Thus,  if  a  proposition  consist  of  A  B 
C  D,  and  it  is  moved  to  strike  out  B  C;  if 
this   amendment   is  rejected,    it   cannot  be 
moved  again;  but  it  may  be  moved  to  strike 
out  A  B,  or  A  B  C,  or  B  C  D  or  C  D. 

105.  If  an  amendment  by  striking  out  is 
agreed  to,  it  cannot  be  afterwards  moved  to 
insert  the  same  words  struck  out  or  a  Dart  of 
them;  but  it  may  be  moved  to  insert  the  same 
words  with  others,  or  a  part   of  the  same 
words  with  others,  provided  the  coherence  to 
be  inserted  make  these  propositions  substan- 
tially different  from  the  first. 

106.  Thus,  if  the  proposition  A  B  C  D  is 
amended  by  striking  out  B  C,  it  cannot  be 
moved  to  insert  B  C  again;  but  it  may  be 
moved  to  insert  B  C  with  other  words,  or  B 
with  others  or  C  with  others. 

107.  When  it   is   proposed  to   amend  by 
striking  out  a  particular  paragraph,  it  may  be 
moved  to  amend  this  amendment,  in  three 


OF    MOTIONS    TO    AMEND.  67 

different  ways,  namely,,  either  by  striking  out 
a  part  only  of  the  paragraph,  or  by  inserting 
or  adding  words,  or  by  striking  out  and  in- 
serting. 

108.  Thus,   if  it  is  moved  to  amend  the 
proposition  A  B  C  D,  by  striking  out  B  0,  it 
may  be  moved  to  amend  this  amendment  by 
striking  out  B  only  or  0  only,  or  by  inserting 
E,  or  by  striking  out  B  or  C,  and  inserting  E. 

109.  In  the  case  of  a  proposed  amendment 
by  striking  out,  the  effect  of  voting  upon  it, 
whether  it  be  decided  in  the  affirmative  or 
negative  according  to  the  third  and  fourth 
rules  above  mentioned,  renders  it  necessary 
for  those  who  desire  to  retain  the  paragraph 
to  amend  it,  if  any  amendment  is  necessary, 
before  the  vote  is  taken  on  striking  out;  as, 
if  struck  out,  it  cannot  be  restored,  and,  if 
retained,  it  cannot  be  amended. 

110.  As  an  amendment  must  necessarily  be 
put  to  the  question  before  the  principal  mo- 
tion;  so   the   question   must   be   put  on  an 
amendment  to  an  amendment  before  it  is  put 
on  the  amendment;  but,  as  this  is  the  extreme 
limit  to  which  motions  may  be  put  upon  one 
another,  there  can  be  no  precedence  of  one 
over  another  among  amendments  to  amend- 


68  PARLIAMENTARY    PRACTICE. 

ments;  and,  consequently,  they  can  only  be 
moved,  one  at  a  time,  or,  at  all  events,  must 
be  put  to  the  question  in  the  order  in  which 
they  are  moved. 

111.  When  a  motion  for  striking  out  words 
is  put  to  the  question,  the  parliamentary  form 
always  is,  whether  the  words  shall  stand  as 
part  of  the  principal  motion,  and  not  whether 
they  shall  be  struck  out.  The  reason  for  this 
form  of  stating  the  question  probably  is,  that 
the  question  may  be  taken  in  the  same  manner 
on  a  part  as  on  the  whole  of  the  principal  mo- 
tion; which  would  not  be  the  case,  if  the 
question  was  stated  on  striking  out;  inasmuch 
as  the  question  on  the  principal  motion,  when 
it  comes  to  be  stated,  will  be  on  agreeing  to 
it,  and  not  on  striking  out  or  rejecting  it.  Be- 
sides, as  an  equal  division  of  the  assembly 
would  produce  a  different  decision  of  the  ques- 
tion, according  to  the  manner  of  stating  it,  it 
might  happen,  if  the  question  on  the  amend- 
ment was  stated  on  striking  out,  that  the  same 
question  would  be  decided  both  affirmatively 
and  negatively  by  the  same  vote.  * 

*  The  common,  if  not  the  only,  mode  of  stating  the 
question,  in  the  legislative  assemblies  of  this  coun- 
try, is  on  "striking  out." 


OF    MOTIONS    TO    AMEND.  69 

112.  On  a  motion  to  amend  by  striking  out 
certain  words,  the  manner  of  stating  the  ques- 
tion is,  first  to  read  the  passage  proposed  to  be 
amended,  as  it  stands;  then  the  words  pro- 
posed to  be  struck  out;  and,  lastly,  the  whole 
passage  as  it  will  stand  if  the  amendment  is 
adopted. 

SECT.  VII.    AMENDMENTS  BY  INSEETING. 

113.  If  an  amendment  is  proposed  by  in- 
serting or  adding  a  paragraph  or  words,  and 
the  amendment  is  rejected,  it  cannot  be  moved 
again  to  insert  the  same  words  or  a  part  of 
them;  but  it  may  be  moved  to  insert  the  same 
words  with  others,  or  a  part  of  the  same  words 
with  others,   provided  the  coherence  really 
make  them  different  propositions. 

114.  Thus,  if  it  is  moved  to  amend  the  pro- 
position  A   B   by  inserting   C    D,    and   the 
amendment  is  rejected,  C  D  cannot  be  again 
moved;  but  it  may  be  moved  to  insert  C  E, 
or  D  E,  or  0  D  E. 

115.  If  it  is  proposed  to  amend  by  insert- 
ing a  paragraph,  and  the  amendment  prevails, 
it  cannot  be  afterwards  moved  to  strike  out 
the  same  words  or  a  part  of  them;  but  it  may 
be  moved  to  strike  out  the  same  words  with 


70  PARLIAMENTARY    PRACTICE. 

others,*  or  a  part  of  the  same  words  with 
others,  provided  the  coherence  be  such  as  to 
make  these  propositions  really  different  from 
the  first. 

116.  Thus,  if  in  the  example  above  sup- 
posed, the  amendment  prevails,  and  C  D  is 
inserted  it  cannot  be  afterwards  moved  to 
strike  out  C  D,  but  it  may  be  moved  to  strike 
out  A  C  or  A  C  D,  or  D  B,  or  C  D  B. 

117.  When  it  is  proposed  to  amend  by  in- 
serting a  paragraph,  this  amendment  may  be 
amended    in   three   different   ways,   namely, 
either  by  striking  out  a  part  of  the  paragraph; 
or  by  inserting  something  into  it;  or  by  strik- 
ing out  and  inserting. 

118.  Thus,  if  it  is  proposed  to  amend  A  B 
by  inserting  C  D,  this  amendment  may  be 
amended  either  by  striking  out  C  or  D,  or 
inserting  E,  or  by  striking  out  C  or  D  and  in- 
serting E. 

119.  When  it  is  proposed  to  amend  by  in- 
serting a  paragraph,  those  who  are  in  favor  of 
the  amendment  should  amend  it,  if  necessary, 
before  the  question  is  taken;  because  if  it  is 

*  This  is  the  common  case  of  striking  out  a  para- 
graph, after  it  has  been  amended  by  inserting 
words. 


OF    MOTIONS   TO    AMEND.  71 

rejected,  it  cannot  be  moved  again,  and,  if 
received,  it  cannot  be  amended. 

120.  There  is  no  precedence  of  one  over 
another  in  amendments  to  amendments  by 
inserting,  any  more  than  in  amendments  to 
amendments  by  striking  out. 

121.  On  a  motion  to  amend  by  inserting  a 
paragraph,  the  manner  of  stating  the  question 
is,  first,  to  read  the  passage  to  be  amended, 
as  it  stands;  then  the  words  proposed  to  be 
inserted;  and  lastly,  the  whole  passage  as  it 
will  stand  if  the  amendment  prevails. 

SECT.  VIII.  AMENDMENTS  BY  STRIKING  OUT 

AND    INSERTING. 

122.  The  third  form  of  amending  a  propo- 
sition, namely,  by  striking  out  certain  words 
and  inserting  others  in  their  place,  is,  in  fact, 
a  combination  of  the  other  two  forms;  and 
may  accordingly  be  divided  into  those  two 
forms,  either  by  a  vote  of  the  assembly,  or  on 
the  demand  of  a  member,  under  a  special  rule 
to  that  effect.'*'' 

*  Mr.  Jefferson  (§  xxxv.)  says,  "the  question,  if 
desired,  is  then  to  be  divided,"  etc.;  but,  as  he  makes 
no  exception  of  a  motion  to  strike  out  and  insert, 
when  treating  of  flie  subject  of  division,  and  does  not 
here  state  it  as  an  exception,  he  undoubtedly  supposes 


72  PARLIAMENTARY    PRACTICE. 

123.  If  the  motion  is  divided,  the  question 
is  first- to  be  taken  on  striking  out;  and  if 
that  is  decided  in  the  affirmative,  then,  on 
inserting;  but  if  the  former  is  decided  in  the 
negative,  the  latter   falls,  of   course.     On   a 
division,  the   proceedings   are   the    same,   in 
reference  to  each  branch  of  the  question,  be- 
ginning with  the  striking   out,   as   if    each 
branch  had  been  moved  by  itself. 

124.  If  the  motion  to  strike  out  and  insert 
is  put  to  the  question  undivided,  and  is  de- 
cided in  the  negative,  the  same  motion  can- 
not be  made  again;  but,  it  may  be  moved  to 
strike    out   the   same   words,   and,    1,   insert 
nothing;  2,  insert  other  words;  3,  insert  the 
same  words  with  others;  4,  insert  a  part  of 
the  same  words  with  others;  5,  strike  out  the 
same  words  with  others,  and  insert  the  same; 
6,  strike  out  a  part  of  the  same  words  with 
others,   and  insert   the   same;    7,  strike   out 
other  ^prds  ancj.  insert  the  same;  and,  8,  in- 
sert  £he   same  words,   without   striking  out 
anything. 

125.  If  the  motion  to  strike  out  and  insert 


the  division  in  this  pase  to  tyj  made  in  the  regular  and 
usual  manner. 


OF    MOTIONS    TO    AMEND.  73 

is  decided  in  the  affirmative,  it  cannot  be 
then  moved  to  insert  the  words  struck  out  or 
a  part  of  them,  or  to  strike  out  the  words  in- 
serted, or  a  part  of  them;  but,  it  may  be 
moved,  1,  to  insert  the  same  words  with 
others;  2,  to  insert  a  part  of  the  same  words 
with  others;  3,  to  strike  out  the  same  words 
with  others;  or,  4,  to  strike  out  a  part  of  the 
same  words  with  others. 

126.  When   it   is   proposed    to   amend   by 
striking  out   and  inserting,  this  amendment 
may  be  amended  in  three  different  ways  in 
the  paragraph  proposed  to  be  struck  out,  and 
also  in  the  paragraph  proposed  to  be  inserted, 
namely,    by   striking   out,    or    inserting,    or 
striking  out  and  inserting.     And  those  who 
are  in  favor  of  either  paragraph  must  amend 
it,  before  the  question  is  taken,  for  the  rea- 
sons already  stated,  namely,  that,  if  decided 
in  the  affirmative,  the  part  struck  out  cannot 
be  restored,    nor   can  the   part   inserted   be 
amended;    and,  if  decided  in  the  negative, 
the  part  proposed  to  be  struck  out  cannot  be 
amended,  nor  can  the  paragraph  proposed  to 
be  inserted  be  moved  again. 

127.  On  a  motion  to  amend,  by  striking 
out  certain  words  and  inserting  others,  the 


74  PARLIAMENTARY    PRACTICE. 

manner  of  stating  the  question  is  first  to  read 
the  whole  passage  to  be  amended,  as  it  stands; 
then  the  words  proposed  to  be  struck  out; 
next  those  to  be  inserted;  and,  lastly,  the 
whole  passage  as  it  will  stand  when  amended. 

SECT.    IX.     AMENDMENTS    CHANGING    THE 
NATURE  OF  A  QUESTION. 

128.  The  term  amendment  is  in  strictness 
applicable  only  to  those  changes  of  a  propo- 
sition,   by  which  it    is    improved,    that   is, 
rendered    more    effectual    for    the    purpose 
which  it   has  in   view,  or   made   to   express 
more  cbarly  and  definitely  the  sense  which  it 
is    intended    to    express.     Hence    it    seems 
proper,  that  those  only  should  undertake  to 
amend  a  proposition,  who  friendly  to  it;  but 
this  is  by  no  means  the  rule;  when  a  proposi- 
tion is  regularly  moved  and  seconded,  it  is  in 
the  possession  of  the  assembly,  and  cannot  be 
withdrawn  but  by  its  leave;  it  has  then  be- 
come the  basis  of  the  future  proceedings  of 
the  assembly,  and  may  be  put  into  any  shape, 
and  turned  to  any  purpose,  that  the  assembly 
may  think  proper. 

129.  It  is  consequently  allowable  to  amend 
a  proposition  in  such  a  manner  as  entirely  to 


OF    MOTIONS    TO    AMEND.  75 

alter  its  nature,  and  co  make  it  bear  a  sense 
different  from  what  it  was  originally  intended 
to  bear;  so  that  the  friends  of  it,  as  it  was 
first  introduced,  may  themselves  be  forced  to 
vote  against  it,  in  its  amended  form. 

130.  This  mode  of  proceeding  is  some- 
times adopted  for  the  purpose  of  defeating  a 
proposition,  by  compelling  its  original  friends 
to  unite  with  those  who  are  opposed  to  it,  in 
voting  for  its  rejection.  Thus,  in  the  British 
Houses  of  Commons,  Jan.  29,  1765,  a  resolu- 
tion being  moved,  "  That  a  general  warrant 
for  apprehending  the  authors,  printers,  or 
publishers  of  a  libel,  together  with  their 
papers,  is  not  warranted  by  law,  and  is  an 
high  violation  of  the  liberty  of  the  subject:" — 
it  was  moved  to  amend  this  motion  by  pre- 
fixing the  following  paragraph,  namely: 
"That  in  the  particular  case  of  libels,  it  is 
proper  and  necessary  to  fix,  by  a  vote  of  this 
house  only,  what  ought  to  be  deemed  the  law 
in  respect  of  general  warrants;  and,  for  that 
purpose,  at  the  time  when  the  determination 
of  the  legality  of  such  warrants,  in  the  in- 
stance of  a  most  seditious  and  treasonable 
libel,  is  actually  depending  before  the  courts 
of  law,  for  this  house  to  declare" — that  a 


76  PARLIAMENTARY    PRACTICE. 

general  warrant  for  apprehending  the  au- 
thors, printers,  or  publishers  of  a  libel  to- 
gether with  their  papers,  is  not  warranted  by 
law,  and  is  an  high  violation  of  the  liberty  of 
the  subject.  The  amendment  was  adopted, 
after  a  long  debate,  and  then  the  resolution 
as  amended  was  immediately  rejected  without 
a  division.*  t 

131.  But  sometimes  the  nature  of  a  propo- 
sition is  changed  by  means  of  amendments, 
with  a  view  to  its  adoption  in  a  sense  the  very 
opposite  of  what  it  was  originally  intended  to 
bear.  The  following  is  a  striking  example  of 
this  mode  of  proceeding.  In  the  house  of 
commons,  April  10,  1744,  a  resolution  was 
moved,  declaring,  "  That  the  issuing  and 
paying  to  the  Duke  of  Aremberg  the  sum  of 
forty  thousand  pounds,  sterling,  to  put  the 

*  This  mode  of  defeating  a  measure,  however,  is 
not  always  successful.  In  1780,  Mr.  Dunning  having 
made  a  motion,  in  the  house  of  commons,  "that,  in 
the  opinion  of  this  house,  the  influence  of  the  crown 
has  increased,  is  increasing,  and  ought  to  be  dimin- 
ished," Dundas,  lord-advocate  of  Scotland,  in  order 
to  defeat  the  motion,  proposed  to  amend,  by  insert- 
ing, after  the  words,  IN  THE  OPINION  OF  THIS  HOUSE, 
the  words  IT  is  NOW  NECESSARY  TO  DECLARE  THAT, 
ETC.  But  this  amendment,  instead  of  intimidating 
the  friends  of  the  original  motion  was  at  once  adoptea 
by  them,  and  the  resolution  passed  as  amended. 


OF   MOTIONS   TO    AMEND.  77 

Austrian  troops  in  motion  in  the  year  1742, 
was  a  dangerous  misapplication  of  public 
money,  and  destructive  of  the  rights  of  par- 
liament." The  object  of  this  resolution  was 
to  censure  the  conduct  of  the  ministers;  and 
the  friends  of  the  ministry,  being  in  a  major- 
ity, might  have  voted  directly  upon  the  mo- 
tion and  rejected  it.  But  they  preferred  to 
turn  it  into  a  resolution  approving  of  the 
conduct  of  ministers  on  the  occasion  referred 
to;  and  it  was  accordingly  moved  to  amend, 
by  leaving  out  the  words  "  a  dangerous  mis- 
application/' etc.,  to  the  end  of  the  motion, 
and  inserting  instead  thereof  the  words, 
"  necessary  for  putting  the  said  troops  in 
motion,  and  of  great  consequence  to  the  com- 
mon cause."  The  amendment  being  adopted, 
it  was  resolved  (reversing  the  original  propo- 
sition) "  That  the  issuing  and  paying  to  the 
Duke  of  Arembergthe  sum  of  forty  thousand 
pounds,  to  put  the  Austrian  troops  in  motion, 
in  the  year  1742,  was  necessary  for  putting 
the  said  troops  in  motion,  and  of  great  conse- 
quence to  the  common  cause." 

132.  It  is  a  mode  of  defeating  a  proposition, 
somewhat  similar  to  that  above  mentioned,  to 
carry  out  or  extend  the  principle  of  it,  by 


78  PARLIAMENTARY    PRACTICE. 

means  of  amendments,  so  as  to  show  the 
inconvenience,  absurdity,  or  danger  of  its 
adoption,  with  such  evident  clearness,  that  it 
becomes  impossible  for  the  assembly  to  agree 
to  it.  Thus,  a  motion  having  been  made  in 
the  house  of  commons,  "for  copies  of  all  the 
letters  written  by  the  lords  of  the  admiralty 
to  a  certain  officer  in  the  navy,"  it  was  moved 
to  amend  the  motion  by  adding  these 
words: — "  which  letters  may  contain  orders, 
or  be  relative  to  orders,  not  executed,  and  still 
subsisting."  This  amendment  being  adopt- 
ed, the  motion  as  amended  was  unanimously 
rejected. 

133.  It  will  be  seen,  from  the  foregoing 
examples,  that  as  the  mover  of  a  proposition 
is  under  no  restriction  as  to  embracii  g  incon- 
gruous matters  under  the  same  moiion;  so, 
on  the  other  hand,  the  assembly  may  engraft 
upon  a  motion,  by  way  of  amendment,  mat- 
ter which  is  not  only  incongruous  with,  but 
entirely  opposed  to,  the  motion  as  originally 
introduced;  and,  in  legislative  assemblies,  it 
is  not  unusual  to  amend  a  bill  by  striking  out 
all  after  the  enacting  clause,  and  inserting  an 
entirely  new  bill;  or  to  amend  a  resolution 
by  striking  out  all  after  the  words  "  Resolved 


ORDER    AND    SUCCESSION    OF    QUESTIONS.    79 

that/'  and  inserting  a  proposition  of  a  wholly 
different  tenor. 


CHAPTEE  X. 

OF   THE    ORDER    AND     SUCCESSION   OF    QUES- 
TIONS. 

134.  It  is  a  general  rule,  that,  when  a  pro- 
position is  regularly  before  a  deliberative  as- 
sembly, for  its  consideration,  no  other  pro- 
position or  motion  can  regularly  be  made  or 
arise,  so  as  to  take  the  place  of  the  former, 
and  be  first  acted  upon,  unless  it  be  either, 
first,  a  privileged  question;  secondly,  a  sub- 
sidiary question;  or,  thirdly,  an  incidental 
question  or  motion. 

137.  All  these  motions  take  the  place  of  the 
principal  motion,  or  main  question,  as  it  is 
usually  called,  and  are  to  be  first  put  to  the 
question;  and,  among  themselves,  also,  there 
are  some,  which,  in  like  manner,  take  the 
place  of  all  the  others.  Some  of  these  ques- 
tions merely  supersede  the  principal  question, 
until  they  have  been  decided  ;  and,  when 
decided,  whether  affirmatively  or  negatively, 


80  PARLIAMENTARY    PRACTICE. 

leave  that  question  as  before.  Others  of  them 
also  supersede  the  principal  question,  until 
they  are  decided;  and,  when  decided  one  way, 
dispose  of  the  principal  question;  but,  if  de- 
cided the  other  way,  leave  it  as  before. 

SECT.  I.  PRIVILEGED  QUESTIONS. 
136.  There  are  certain  motions  or  ques- 
tions, which,  on  accoun:  of  the  superior  im- 
portance attributed  to  them,  either  in  con- 
sequence of  a  vote  of  the  assembly,  or  in 
themselves  considered,  or  of  the  necessity  of 
the  proceedings  to  which  they  lead,  are  en- 
titled to  take  the  place  of  any  other  subject 
or  proposition,  which  may  then  be  under  con- 
sideration, and  to  be  first  acted  upon  and  de- 
cided by  the  assembly.  These  are  called 
privileged  questions,  because  they  are  en- 
titled to  precedence  over  other  questions, 
though  they  are  of  different  degrees  among 
themselves.  Questions  of  this  nature  are  of 
three  kinds,  namely,  first,  motions  to  adjourn; 
secondly,  motions  or  questions  relating  to  the 
rights  and  privileges  of  the  assembly,  or  of 
its  members  individually;  and,  thirdly,  mo- 
tions for  the  orders  of  the  day. 


ORDER   AND    SUCCESSION    OP    QUESTIONS.    81 

ADJOURNMENT. 

137.  A  motion  to  adjourn  takes  the  place 
of  all  other  questions  whatsoever ;  *  for, 
otherwise,  the  assembly  might  be  kept  sitting 
against  its  will,  and  for  an  indefinite  time; 
but,  in  order  to  entitle  this  motion  to  pre- 
cedence, it  must  be  simply  to  "* adjourn," 
without  the  addition  of  any  particular  day  or 
time.  And,  as  the  object  of  this  motion, 
when  made  in  the  midst  of  some  other  pro- 
ceeding, and  with  a  view  to  supersede  a  ques- 
tion already  proposed,  is  simply  to  break  up 
the  sitting,  it  does  not  admit  of  any  amend- 
ment by  the  addition  of  a  particular  day,  or 
in  any  other  manner;  though,  if  a  motion  to 
adjourn  is  made,  when  no  other  business  is 
before  the  assembly,  it  may  be  amended  like 
other  questions. 

*  It  is  commonly  said,  that  a  motion  to  adjourn  is 
always  in  order,  but  this  is  not  precisely  true.  The 
question  of  adjournment  may  be  moved  repeatedly 
on  the  same  day;  yet,  in  strictness,  not  without 
some  intermediate  question  being  proposed,  after 
one  motion  to  adjourn  is  disposed  of,  and  before  the 
next  motion  is  made  for  adjourning;  as,  for  exam- 
ple, an  amendment  to  a  pending  question,  or  for  the 
reading  of  some  paper.  The  reason  of  this  is,  that, 
until  some  other  proceeding  has  intervened,  the 
question  already  decided  is  the  same  as  that  newly 
moved. 


82  PARLIAMENTARY    PRACTICE. 

138.  A  motion  to  adjourn  is  merely  "that 
this  assembly  do  now  adjourn  ; "  and,  if  it  is 
carried  in  the  affirmative,  the  assembly  is  ad- 
journed to  the  next  sitting  day  ;  unless  it  has 
previously  come  to  a  resolution,  that,  on  ris- 
ing, it  will  adjourn  to  a  particular  day  ;  in 
which  case,  it  is  adjourned  to  that  day. 

139.  An   adjournment   without   day,  that 
is,  without  any  time  being  fixed  for  reassem- 
bling, would,  in  the  case  of  any  other  than  a 
legislative  assembly,  be  equivalent  to  a  disso- 
lution. * 

140.  When  a  question  is  interrupted  by  an 
adjournment,  before  any  vote  or  question  has 
been  taken  upon  it,   it  is  thereby  removed 
from  before  the  assembly,  and  will  not  stand 
before  it,  as  a  matter  of  course,  afc  its  next 
meeting,  but  must  be  brought  forward  in  the 
usual  way. 

QUESTIONS  OF  PRIVILEGE. 

141.  The  questions,  next  in  relative  impor- 
tance, and  which  supersede  all  others  for  the 

*  It  is  quite  common,  when  the  business  of  a  de- 
liberative assembly  has  been  brought  to  a  close,  to 
adjourn  the  assembly  without  day.  A  better  form 
is  to  dissolve  it;  as  an  adjournment  without  day,  if 
we  regard  the  etymology  of  the  word  adjourn,  is  a 
contradiction  in  terms. 


OKDER    AND    SUCCESSION    OF    QUESTIONS.    83 

time  being  except  that  of  adjournment,  are 
those  which  concern  the  rights  and  privileges 
of  the  assembly,  or  of  its  individual  mem- 
bers ;  as,  for  example,  when  the  proceedings 
of  the  assembly  are  disturbed  or  interrupted, 
whether  by  strangers  or ,  members  ;  or  where 
a  quarrel  arises  between  two  members ;  and, 
in  these  cases,  the  matter  of  privilege  super- 
sedes the  question  pending  at  the  time,  to- 
gether with  all  subsidiary  and  incidental  ones, 
and  must  be  first  disposed  of.  When  settled, 
the  question  interrupted  by  it  is  to  be  re- 
sumed, at  the  point  where  it  was  suspended. 

ORDERS  OF  THE  DAY. 

142.  When  the  consideration  of  a  subject 
has  been  assigned  for  a  particular  day,  by  an 
order  of  the  assembly,  the  matter  so  assigned 
is  called  the  order  of  the  day  for  that  day. 
If,  in  the  course  of  business,  as  commonly 
happens  in  legislative  assemblies,  there  are 
several  subjects  assigned  for  the  same  day, 
they  are  called  the  orders  of  the  day. 

143.  A  question,  which  is  thus  made  the 
subject  of  an  order  for  its  consideration  on  a 
particular  day,  is  thereby  made  a  privileged 
question  for  that  day  ;  the  order  being  a  re- 


84  PARLIAMENTARY    PRACTICE. 

peal,  as  to  this  special  case,  of  the  general 
rule  as  to  business.  If,  therefore,  any  other 
proposition  (with  the  exception  of  the  two 
preceding  f)  is  moved  or  arises,  on  the  day 
assigned  for  the  consideration  of  a  particular 
subject,  a  motion  for  the  order  of  the  day  will 
supersede  the  question  first  made,  together 
with  all  subsidiary  and  incidental  questions 
connected  with  it,  and  must  be  first  put  and 
decided  ;  for  if  the  debate  or  consideration  of 
that  subject  were  allowed  to  proceed,  it  might 
continue  through  the  day  and  thus  defeat  the 
order. 

144.  But  this  motion,  to  entitle  it  to  prece- 
dence, must*  be  for  the  orders  generally,  if 
there  is  more  than  one,  and  not  for  any  par- 
ticular one  ;  and,  if  decided  in  the  affirma- 
tive, that  is,  that  the  assembly  will  now  pro- 
ceed to  the  orders  of  the  day,  they  must  then 
be  read  and  gone  through  with,  in  the  order 
in  which  they  stand  ;  priority  of  order  being 
considered  to  give  priority  of  right. 

145.  If  the  consideration  of  a  subject  is  as- 
signed for  a  particular  hour  on  the  day  named, 

*  "  A  motion  to  adjourn  and  a  question  of  privi- 
lege, take  precedence  of  a  motion  for  the  orders  of 
the  day."— ED. 


OKDER    AND    SUCCESSION    OF    QUESTIONS.    85 

a  motion  to  proceed  to  it  is  not  a  privileged 
motion,  until  that  hour  has  arrived  ;  but,  if 
no  hour  is  fixed,  the  order  is  for  the  entire 
day  and  every  part  of  it. 

146.  Where  there  are  several  orders  of  the 
day,  and  one  of  them  is  fixed  for  a  particular 
hfur,  if  the  orders  are  taken  up  before  that 
hour,  they  are  to  be  proceeded  with  as  they 
stand,  until  that  hour,  and  then  the  subject 
assigned  for  that  hour  is  the  next  in  order  ; 
but,  if  the  orders  are  taken  up  at  that  time  or 
afterwards,  that  particular  subject  must  be 
considered  as  the  first  in  order. 

147.  If  the  motion  for  the  orders  of  the  day 
is  decided   in   the   affirmative,    the   original 
question  is  removed  from  before  the  assembly, 
in  the  same  manner  as  if  it  had  been  inter- 
rupted  by  an   adjournment,    and    does   not 
stand  before  the   assembly,   as  a   matter   of 
course,  at  its  next  meeting,  but  must  be  re- 
newed in  the  usual  way. 

148.  If  the  motion  is  decided  in  the  nega- 
tive, the  vote  of  the  assembly  is  a  discharge 
of  the  orders,   so  far  as  they  interfere  with 
the  consideration  of  the  subject  then  before 
it,  and  entitles  that  subject  to  be  first  dis- 
posed of. 


86  PARLIAMENTARY    PRACTICE. 

149.  Orders  of  the  day,  unless  proceeded 
in  and  disposed  of  on  the  day  assigned,  fall, 
of  course,  and    must   be   renewed   for   some 
other  day.     It  may  be  provided,  however,  by 
a  special  rule,  as  in  the  legislative  assemblies 
of  Massachusetts,  that  the  orders  for  a  partic- 
ular day  shall  hold  for  every  succeeding  day, " 
until  disposed  of. 

SECT.  II.     INCIDENTAL  QUESTIONS. 

150.  Incidental  questions,  are  such  as  arise 
out  of  other  questions,  and  are  consequently 
to  be  decided  before  the  questions  which  give 
rise  to  them.     Of  this  nature  are,  first,  ques- 
tions of  order  ;  second,  motions  for  the  read- 
ing of  papers,  etc. ;  third,  leave  to  withdraw 
a  motion  ;  fourth,  suspension  of  a  rule  :  and, 
fifth,  amendment  of  an  amendment. 

QUESTIONS  OF  ORDER. 

151.  It  is  the  duty  of  the  presiding  officer 
of  a  deliberative  assembly,  to  enforce  the  rules 
and  orders  of  the  body  over  which  he  pre- 
sides, in  all  its  proceedings ;  and  this  without 
question,  debate,   or  delay,  in  all  cases,  in 
which  the  breach  of  order,  or  the  departure 
from  rule,  is  manifest.     It  is  also  the  right 


ORDER    AND    SUCCESSION    OF   QUESTIONS.    87 

of  every  member,  taking  notice  of  the  breach 
of  a  rule,  to  insist  upon  the  enforcement  of  it 
in  the  same  manner. 

152.  But,  though  no  question  can  be  made, 
as  to  the   enforcement   of  the  rules,  when 
there  is  a  breach  or  manifest  departure  from 
them,  so  long  as  any  member  insists  upon 
their  enforcement ;  yet  questions  may  and  do 
frequently  arise,  as  to  the  fact  of  there  being 
a  breach  of  order,  or  a  violation  of  the  rules 
in  a  particular  proceeding ;  and  these  ques- 
tions must  be  decided  before  a  case  can  arise 
for  the  enforcement  of  the  rales.     Questions 
of  this  kind  are  denominated  questions  of 
order. 

153.  When  any  question  of   this  nature 
arises,  in  the  course  of  any  other  proceeding, 
it  necessarily  supersedes  the  further  consider- 
ation of  the  subject  out  of  which  it  arises, 
until  that  question  is  disposed  of ;  then  the 
original  motion  or  proceeding  revives,  and 
resumes  its  former  position,  unless   it  has 
been  itself  disposed  of  by  the. question  of 
order. 

154.  When  a  question  of  order  is  raised,  as 
it  may  be  by  any  one  member,  it  is  not  stated 
from  the  chair,  and  decided  by  the  assembly, 


88  PARLIAMENTARY    PRACTICE. 

like  other  questions ;  but  is  decided,  in  the 
first  instance,  by  the  presiding  officer,  without 
any  previous  debate  or  discussion  by  the 
assembly.  If  the  decision  of  the  presiding 
officer,  is  not  satisfactory,  any  one  member 
may  object  to  it,  and  have  the  question 
decided  by  the  assembly.  This  is  called 
appealing  from  the  decision  of  the  chair. 
The  question  is  then  stated  by  the  presiding 
officer  on  the  appeal,  namely  :  shall  the  deci- 
sion of  the  chair  stand  as  the  decision  of  the 
assembly '9  and  it  is  thereupon  debated  and 
decided  by  the  assembly,  in  the  same  manner 
as  any  other  question ;  except  that  the  pre- 
siding officer  is  allowed  to  take  a  part  in  the 
debate,  which,  on  ordinary  occasions,  he  is 
prohibited  from  doing. 

BEADING  PAPERS. 

155.  It  is,  for  obvious  reasons,  a  general 
rule,  that,  where  papers  are  laid  before  a 
deliberative  assembly,  for  its  action,  every 
member  has  a  right  to  have  them  once  read 
at  the  table,  before  he  can  be  compelled  to 
vote  on  them ;  and,  consequently,  when  the 
reading  of  any  paper,  relative  to  a  question 
before  the  assembly,  is  called  for  under  this 


ORDER   AND    SUCCESSION    OF    QUESTIONS.    89 

rule,  no  question  need  be  made  as  to  the 
reading ;  the  paper  is  read  by  the  clerk, 
under  the  direction  of  the  presiding  officer, 
as  a  matter  of  course. 

156.  But,  with  the  exception   of  papers 
coming  under  this  rule,  it  is  not  the  right  of 
any  member  to  read  himself,  or  to  have  read, 
any  paper,  book,  or  document  whatever,  with- 
out the  leave  of  the  assembly,  upon  a  motion 
made  and  a  question  put  for  the  purpose. 
The   delay  and   interruption,   which   would 
otherwise   ensue  from   reading   every  paper 
that  might  be  called  for,  show  the  absolute 
necessity  of  restricting  the  rule  within  the 
narrowest  possible  limits,  consistently  with 
permitting  every  member  to  have  as  much 
information  as  possible,  on  the   subjects  in 
reference  to  which  he  is  about  to  vote. 

157.  When,  therefore,    a  member  desires 
that  any  paper,  book,  or  document,  on  the 
table,  whether  printed  or  written  (except  as 
above  mentioned)  should  be  read  for  his  own 
information,  or  that  of  the  assembly  ;  or  de- 
sires to  read  any  such  paper,  book,  or  docu- 
ment, in  his  place,  in  the  course  of  a  debate, 
or  otherwise  ;  or  even  to  read  his  own  speech 
which  he  has  prepared  beforehand  and  com- 


90  PARLIAMENTARY    PRACTICE. 

mitted  to  writing ;  in  all  these  cases,  if  any 
objection  is  made,  he  must  obtain  leave  of 
the  assembly,  for  the  reading,  by  a  motion 
and  vote  for  the  purpose. 

158.  When  the  reading  of  a  paper  is  evi- 
dently for  information,  and  not  for  delay,  it 
is  the  usual  practice  for  the  presiding  officer 
to  allow  of  it,  unless  objection  is  made,  in 
which  case  leave  must  be  asked ;  and  this 
is  seldom  refused,  where  there  is  no  inten- 
tional or  gross  abuse  of  the  time  and  patience 
of  the  assembly. 

159.  It  is  not  now  the  practice,  as  it  once 
was,   in  legislative    assemblies,   to  read  all 
papers  that  are  presented,   especially  when 
they  are  referred  to  committees  immediately 
on  their  presentation ;  though  the  right  of 
every  member  to  insist  upon  one  reading  is 
still  admitted.     It  would  be  impossible,  with 
the  amount  of  business  done  by  legislative 
bodies,  at  the  present  day,  to  devote  much  of 
their  time  to  the  reading  of  papers. 

160.  When  in  the  course  of  a  debate  or 
other  proceeding,  the  reading  of  a  paper  is 
called  for,  and  a  question  is  made  upon  it, 
this  question  is  incidental  to  the  former,  and 
must  be  first  decided. 


OKDEB   AND    SUCCESSION    OF    QUESTIONS.    91 
WlTHDKAWAL   OF   A   MOTION". 

161.  A  motion,  when  regularly  made,  sec- 
onded, and  proposed  from  the  chair,  is  then 
in  the  possession  of  the  assembly,  and  cannot 
be  withdrawn  by  the  mover,  or  directly  dis- 
posed of  in  any  manner,  but  by  a  vote ; 
hence,  if  the  mover  of  a  question  wishes  to 
modify  it,  or  to  substitute  a  different  one  in 
its  place,  he  must  obtain  the  leave  of  the 
assembly  for  that  purpose  ;  which  leave  can 
only  be  had,  if  objection  is  made,  by  a  motion* 
and  question  in  the  usual  mode  of  proceed- 
ing. 

163.  If  this  motion  is  decided  in  the  af- 
firmative, the  motion  to  which  it  relates  is 
thereby  removed  from  before  the  assembly, 
as  if  it  had  never  been  moved ;  if  in  the 
negative,  the  business  proceeds  as  before. 

SUSPENSION  OF  A  EULE. 
163.  When  any  contemplated  motion  or 
proceeding  is  rendered  impracticable,  by  rea- 
son of  the  existence  of  some  special  rule  by 
which  it  is  prohibited,  it  has  become  an  es- 
tablished practice  in  this  country,  to  suspend 

*  "  This  motion  is  not* debatable." — ED. 


92  PARLIAMENTARY    PRACTICE. 

or  dispense  with  the  rule,  for  the  purpose  of 
admitting  the  proceeding  or  motion  which  is 
desired.  This  can  only  be  done  by  a  motion 
and  question ;  and,  where  this  course  is  taken 
in  order  to  a  motion  having  reference  to  a 
proposition  then  under  consideration,  a  mo- 
tion to  suspend  the  rule  supersedes  the  origi- 
nal question  for  the  time  being,  and  is  first 
to  be  decided.* 

164.  It  is  usual,  in  the  code  of  rules  adopted 
by    deliberative    assemblies,    and    especially 
legislative  bodies,  to  provide  that  a  certain 
number  exceeding  a  majority,  as  two  thirds 
or  three  fourths,  shall  be  competent  to  the 
suspension  of  a  rule  in  a  particular  case; 
where  this  is  not  provided,  there   seems  to 
be  no  other  mode  of  suspending  or  dispens- 
ing with  a  rule  than  by  general  consent. 

AMENDMENT  OF  AMENDMENTS. 

165.  In  treating  of  amendments,  it  has  al- 
ready been  seen,  that  it  is  allowable  to  amend 
a  proposed  amendment;  and  that  the  ques- 
tion  on   such   sub-amendment  must  neces- 
sarily be  put  and  decided  before  putting  the 

*  "A  motion  to  suspend  the  rules  is  not  debat- 
able."—ED. 


ORDER    AND    SUCCESSION    OF    QUESTIONS.    93 

question  on  the  amendment.  The  former  is 
incidental  to  the  latter,  and  supersedes  it  for 
the  time  being. 

SECT.  III.  SUBSIDIARY  QUESTIONS. 
176.  Subsidiary,  or  secondary,  questions  or 
motions,  as  has  already  been  stated,  are  those 
which  relate  to  a  principal  motion,  and  are 
made  use  of  to  enable  the  assembly  to  dispose 
of  it  in  the  most  appropriate  manner.  These 
motions  have  the  effect  to  supersede,  and,  in 
some  cases,  when  decided  one  way,  to  dispose 
of,  the  principal  question.  They  are  also  of 
different  degrees  among  themselves,  and,  ac- 
cording to  their  several  natures,  supersede, 
and  sometimes  dispose  of,  one  another. 

167.  The  subsidiary  motions  in  common 
use  are  the  following,  namely: — lie  on  the 
table,  —  the  previous  question,  —  postpone- 
ment, either  indefinite  or  to  a  day  certain, — 
commitment, — and,  amendment. 

168.  It  is  a  general  rule,  with  certain  ex- 
ceptions which  will  be  immediately  mentioned, 
that  subsidiary  motions  cannot  be  applied  to 
one  another;  as  for  example,  suppose  a  mo- 
tion to  postpone,  commit  or  amend  a  princi- 
pal question,  it  cannot  be  moved  to  suppress 


94  PARLIAMENTARY    PRACTICE. 

the  motion  to  postpone,  etc.,  by  putting  a 
previous  question  on  it;  or,  suppose  the  pre- 
vious question  is  moved,  or  a  commitment, 
or  amendment,  of  a  main  question,  it  cannot 
be  moved  to  postpone  the  previous  question, 
or  the  motion  for  commitment  or  amend- 
ment. The  reasons  for  this  rule  are:  1.  It 
would  be  absurd  to  separate  the  appendage 
from  its  principal;  2.  It  would  be  a  piling  of 
questions  one  on  another,  which,  to  avoid  em- 
barrassment, is  not  allowed;  and  3,  The  same 
result  may  be  reached  more  simply  by  voting 
against  the  motion  which  it  is  attempted  to 
dispose  of  by  another  secondary  motion. 

169.  The  exceptions  to  the  rule  above 
stated  are,  that  motions  to  postpone  (either 
to  a  day  certain  or  indefinitely),  to  commit, 
or  to  amend,  a  principal  question,  may  be 
amended,  for  the  reason,  that  the  useful 
character  of  amendment  gives  it  a  privilege  of 
attaching  itself  to  a  secondary  and  privileged 
motion ;  that  is,  a  subsidiary  motion  to 
carry  out  and  improve  another  may  be  ap- 
plied to  that  other,  but  a  subsidiary  motion 
to  dispose  of  or  suppress  another  is  not  ad- 
missible. Hence,  the  subsidiary  motions 
above  mentioned  may  be  amended. 


ORDER    AND    SUCCESSION    OF    QUESTIONS.    95 

170.  A  previous  question,  however,  cannot 
be  amended;  the  nature  of  it  not  admitting  of 
any  change.     Parliamentary  usage  has  fixed 
its  form  to  be,  shall  the  main  question  be  now 
put?  that  is,  at  this  instant;  and,  as  the  pre- 
sent instant  is  but  one,  it  cannot  admit  of 
any  modifications;  and  to  change  it  to  the 
next  day  or  any  other  moment  is  without  ex- 
ample or  utility.     For  the  same  reasons,  also, 
that  the  form  of  it  is  fixed  by  parliamentary 
usage,  and  is  already  as  simple  as  it  can  be, 
a  motion  to  lie    on   the    table    cannot    be 
amended. 

LIE  ON  THE  TABLE. 

171.  This  motion  is  usually  resorted   to, 
when  the  assembly  has  something  else  before 
it,  which  claims  its  present   attention,  and 
therefore  desires  to  lay  aside  a  proposition 
for  a  short  but  indefinite  time,  reserving  to 
itself  the  power  to  take  it  up  when  conve- 
nient.    This  motion  takes  precedence  of  and 
supersedes  all  the  other  subsidiary  motions. 

172.  If   decided    in    the    affirmative,    the 
principal  motion,  together  with  all  the  other 
motions,  subsidiary  and  incidental,  connected 
with  it,  is  removed  from  before  the  assembly, 


96  PARLIAMENTARY    PRACTICE. 

until  it  is  again  taken  up;  which  it  may  be, 
by  motion  and  vote,  at  any  time,  when  the 
assembly  pleases. 

173.  If  decided  in  the  negative,  the  busi- 
ness proceeds  in  the  same  manner  as  if  the 
motion  had  never  been  made. 

PREVIOUS  QUESTION. 

174.  This  motion   has    already   been    de- 
scribed (63),  and  the  nature  and  effect  of  it 
fully  stated.     It  stands  in  an  equal  degree 
with  all  the  other  subsidiary  motions,  except 
the  motion  to  lie  on  the  table;  and,  conse- 
quently, if  first  moved,  is  not  subject  to  be 
superseded  by  a  motion  to  postpone,  commit 
or  amend. 

175.  If  the  previous  question  is  moved  be- 
fore the  others  above  mentioned,  and  put  to 
the   question,  it   has  the   effect   to   prevent 
those  motions  from  being  made  at  all;  for,  if 
decided  affirmatively,  to  wit,  that  the  main 
question  shall  now  be  put,  it  would  of  course 
be  contrary  to  the  decision  of  the  assembly, 
and   therefore   against    order,    to    postpone, 
commit,    or  amend;    and  if   decided    nega- 
tively, to  wit,  that  the  main  question   shall 
not  now  be  put,  this  takes  the  main  question 


OKDER    AND    SUCCESSION    OF    QUESTIONS.    97 

out  of  the  possession  of  the  assembly,  for  the 
day,  so  that  there  is  then  nothing  before  it  to 
postpone,  commit,  or  amend.* 

POSTPONEMENT. 

176.  The  motion  to  postpone  is  either  in- 
definite,  or  to  a  day  certain;    and,  in  both 
these  forms,  may  be  amended;  in  the  former, 
by  making  it  to  a  day  certain, — in  the  latter, 
by  substituting  one  day  for  another.     But, 
in  the  latter  case,  propositions  to  substitute 
different  days  for  that  originally  named,  bear 
more  resemblance  to  propositions  for  filling 
blanks,  than  they  do  to  amendments,   and 
should  be  considered  and  treated  accordingly. 

177.  If,  therefore,  a  motion  is  made  for  an 
indefinite  postponement,  it  may  be  moved  to 
amen,d  the  motion,  by  making  it  to  a  day  cer- 
tain.    If  any  other  day  is  desired,  it  may  be 
moved  as  an  amendment  to  the  amendment; 
or  it  may  be  moved  as  an  independent  mo- 
tion, when  the  amendment  has  been  rejected. 

*  In  the  house  of  representatives  of  Massachusetts, 
as  the  effect  of  a  negative  decision  of  the  previous 
question  is  not  to  remove  the  principal  question  from 
before  the  house,  that  question  is  still  open  to  post- 
ponement, commitment,  or  amendment,  notwith- 
standing such  negative  decision. 


98  PARLIAMENTARY   PRACTICE. 

178.  If  a  motion  is  made  for  a  postpone- 
ment to  a  day  certain,  it  may  be  amended  by 
the  substitution  of  a  different  day;  but  in 
this  case,  a  more  simple  and  effectual  mode 
of  proceeding  is  to   consider  the  day  as  a 
blank,  to  be  filled  in  the  usual  manner,  be- 
ginning with  the  longest  time. 

179.  This  motion  stands  in  the  same  de- 
gree with  motions  for  the  previous  question, 
— to  commit, — and  to  amend;  and,   if  first 
made,  is  not  susceptible  of  being  superseded 
by  them. 

180.  If  a  motion  for  postponement  is  de- 
cided affirmatively,  the  proposition  to  which 
it  is  applied  is  removed  from  before  the  as- 
sembly, with  all  its  appendages  and  incidents, 
and  consequently  there  is  no  ground  for  either 
of  the   other  subsidiary  motions;  if  decided 
negatively,  that  the  proposition  shall  not  be 
postponed,  that  question  may  then  be  sup- 
pressed by  the    previous  question,  or  com- 
mitted, or  amended. 

COMMITMENT. 

181.  A  motion   to   commit,  or   recommit 
(which  is  the  term  used  when  the  proposition 
has  already  been  once  committed),   may  be 


ORDER   AND    SUCCESSION   OF    QUESTIONS.    99 

amended,  by  the  substitution  of  one  kind  of 
committee  for  another,  or  be  enlarging  or 
diminishing  the  number  of  the  members  of 
the  committee,  as  originally  proposed,  or  by 
instructions  to  the  committee. 

182.  This  motion  stands  in  the  same  degree 
with  the  previous  question  and  postponement 
— and,  if  first  made,  is   not   superseded  by 
them — but  it  takes  precedence  of  a  motion  to 
amend. 

183.  If  decided  affirmatively,  the  proposi- 
tion  is  removed  from  before  the  assembly; 
and,  consequently,  there  is  no  ground  for  the 
previous  question,  or  for  postponement,  or 
amendment;   if  negatively,  to  wit,  that  the 
principal  question  shall  not  be  committed, 
that  question  may  then  be  suppressed  by  the 
previous  question,  or  postponed,  or  amended. 

AMENDMENT. 

184.  A  motion  to  amend,  as  has  been  seen, 
may  be    itself   amended.     It  stands   in  the 
same  degree  only  with  the  previous  question 
and  indefinite  postponement,  and  neither,  if 
first  moved,  is  superseded  by  the  other. 

185.  But  this  motion  is  liable  to  be  super- 
seded by  a  motion  to  postpone  to  a  day  cer- 


100  PARLIAMENT AJRY    PRACTICE. 

tain;  so  that  amendment  and  postponement 
competing,  the  latter  is  to  be  first  put.  The 
reason  is,  that  a  question  for  amendment  is 
not  suppressed  by  postponing  or  adjourning 
the  principal  question,  but  remains  before 
the  assembly,  whenever  the  main  question  is 
resumed;  for  otherwise,  it  might  happen, 
that  the  occasion  for  other  urgent  business 
might  go  by  and  be  lost  by  length  of  debate 
on  the  amendment,  if  the  assembly  had  no 
power  to  postpone  the  whole  subject. 

186.  A  motion    to    amend    may  also    be 
superseded  by  a  motion  to  commit;  so  that 
the  latter,  though  subsequently  moved,  is  to 
be  first  put;  because,  "in  truth,  it  facilitates 
and  befriends  the  motion  to  amend. " 

187.  The  effect  of  both  a  negative  and  an 
affirmative  decision  of  amendments  has   al- 
ready been  considered  (94  to  127). 


101 


CHAPTER  XI. 

OF  THE   ORDER  OF   PROCEEDING. 

188.  When  several  subjects  are  before  the 
assembly;  that  is,  on  the  table  for  considera- 
tion (for  there  can  be  but  a  single  subject 
under  consideration  at  the  same  time),  and 
no  priority  has  been  given  to  any  one  over 
another,  the  presiding  officer  is  not  precisely 
bound  to  any  order,  as  to  what  matters  shall 
be  first  taken  up;  but  is  left  to  his  own  dis- 
cretion, unless  the  assembly  on  a    question 
decide  to  take  up  a  particular  subject. 

189.  A  settled  order  of  business,  however, 
where  the  proceedings  of  an  assembly  are 
likely  to  last  a  considerable  time,  and  the 
matters  before  it  are  somewhat  numerous,  is 
useful  if  not  necessary  for  the  government  of 
the  presiding  officer,  and  to  restrain  individual 
members  from  calling  up  favorite  measures, 
or  matters  under  their  special  charge,  out  of 
their  just  time.     It    is   also   desirable,   for 
directing  the  discretion  of  the  assembly,  when 


102  PARLIAMENTAKl:    PRACTICE. 

a  motion  is  made  to  take  up  a  particular 
matter  to  the  prejudice  of  others,  which  are 
of  right  entitled  to  be  first  attended  to,  in  the 
general  order  of  business. 

190.  The  order  of  business  may  be  estab- 
lished in  virtue  of  some  general  rule,  or  by 
special  orders  relating  to  each  particular  sub- 
ject, and  must,  of  course,  necessarily  depend 
upon  the  nature  and  amount  of  the  matters 
before  the  assembly. 

191.  The  natural  order,  in  considering  and 
amending  any  paper,  which  consists  of  several 
distinct  propositions,  is,  to  begin  at  the  begin- 
ning, and  proceed  thro.ugh  it  by  paragraphs; 
and  this  order  of  proceeding,  if  strictly  ad- 
hered to,  as  it  should  always  be  in  numerous 
assemblies,  would  prevent  any  amendment  in 
a  former  part,  from  being  admissible,  after  a 
latter  part  had  been  amended;  but  this  rule 
does  not  seem  to  be  so  essential  to  be  observed 
in  smaller  bodies,  in  which  it  may  often  be 
advantageous  to  allow  of  going  from  one  part 
of  a  paper  to  another,  for  the  purpose  of 
amendments. 

192.  To  this  natural  order  of  beginning  at 
the  beginning,  there  is  one  exception  accord- 
ing to  parliamentary  usage,  where  a  resolu- 


OF  THE  ORDER  OF  PROCEEDING.    103 

tion  or  series  of  resolutions,  or  other  paper, 
has  a  preamble  or  title,  in  which  case,  the 
preamble  or  title  is  postponed,  until  the  resi- 
due of  the  paper  is  gone  through  with. 

193.  In  considering  a  proposition  consist- 
ing of  several  paragraphs,  the  course  is,  for 
the  whole  paper  to  be  read  entirely  through, 
in  the  first  place  by  the  clerk;  then  a  second 
time,  by  the  presiding  officer,  by  paragraphs; 
pausing  at  the  end  of  each,  and  putting  ques- 
tions for  amending,  if  amendments  are  pro- 
posed; and,  when  the  whole  paper  has  been 
gone  through  with,  in  this  manner,  the  pre- 
siding officer  puts  the  final  question  on  agree- 
ing to  or  adopting  the  whole  paper,  as  amend- 
ed or  unamended. 

194.  When  a  paper  which  has  been  referred 
to  a  committee,  and  reported  back  to  the 
assembly,  is  taken  up  for  consideration,  the 
amendments  only  are  first  read,  in  course,  by 
the  clerk.     The  presiding  officer  then  reads 
the  first,  and  puts  it  to  the  question,  and 
so   on  until  the  whole  are   adopted   or  re- 
jected, before   any  other  amendment  is  ad- 
mitted, with  the  exception  of  an  amendment 
to  an  amendment.     When  the  amendments 
reported  by  the  committee  have   been  thus 


104  PARLIAMENTARY   PRACTICE. 

disposed  of,  the  presiding  officer  pauses,  and 
gives  time  for  amendments  to  be  proposed  in 
the  assembly  to  the  body  of  the  paper  (which 
he  also  does,  if  the  paper  has  been  reported 
without  amendments,  putting  no  questions 
but  on  amendments  proposed);  and  when 
through  the  whole,  he  puts  the  question  on 
agreeing  to  or  adopting  the  paper,  as  the  reso- 
lution, order,  etc.,  of  the  assembly. 

195.  The  final  question  is  sometimes  stated 
merely  on  the  acceptance  of  the  report,  but  a 
better  form  is  on  agreeing  with  the  commit- 
tee in  the  resolution,  order,  or  whatever  else 
the  conclusion  of  the  report  may  be,  as  amend- 
ed, or  without  amendment,  and  the  resolution 
or  order  is  then  to  be  entered  in  the  journal 
as  the  resolution,  etc.,  of  the  assembly,  and 
not  as  the  report  of  the  committee  accepted. 

196.  When  the  paper  referred  to  a  commit- 
tee is  reported  back,  as  amended,  in  a  new 
draft  (which  may  be  and  often  is  done,  where 
the  amendments  are  numerous  and  compara- 
tively unimportant),  the  new  draft  is  to  be 
considered,  as  an  amendment,  and  is  to  be 
first  amended,  if  necessary,  and  then  put  to 
the  question  as  an  amendment  reported  by 
the  committee;  or,  the  course  may  be,  first  to 


OF  THE  ORDER  OF  PROCEEDING.    105 

accept  the  new  draft,  as  a  substitute  for  the 
original  paper,  and  then  to  treat  it  as  such. 

197.  It  often  happens,  that,  besides  a  prin- 
cipal question,  there  are  several  others  con- 
nected with  it,  pending  at  the  same  time, 
which  are  to  be  taken  in  their  order  ;  as,  for 
example,  suppose,  first,  a  principal  motion  ; 
second,  a  motion  to  amend ;  third,  a  motion 
to  commit ;  fourth,  the  preceding  motions 
being  pending,  a  question  of  order  arises  in 
the  debate,  which  gives  occasion,  fifth,  to  a 
question  of  privilege,  and  this  leads,  sixth, 
to  a  subsidiary  motion,  as,  to  lie  on  the  table. 
The  regular  course  of  proceeding  requires  the 
motion  to  lie  on  the  table  to  be  first  put  ;  if 
this  is  negatived,  the  question  of  privilege  is 
then  settled  ;  after  that  comes  the  question  of 
order  ;  then  the  question  of  commitment ;  if 
tha  tis  negatived,  the  questson  of  amendment 
is  taken ;  and,  lastly,  the  main  question. 
This  example  will  sufficiently  illustrate  the 
manner  in  which  questions  may  grow  out  of 
one  another,  and  in  what  order  they  are  to  be 
decided.  * 


*  The  order  of  motions,  for  the  disposal  of  any 
question,  is  usually  fixed  by  a  special  rule,  in  legis- 
lative assemblies.  See  note  to  paragraph  61. 


106  PARLIAMENTARY   PRACTICE. 

198.  When  a  motion  is  made  and  seconded, 
it  is  the  duty  of  the  presiding  officer  to  pro- 
pose it  to  the  assembly  ;  until  this  is  done, 
it  is  not  a  question  before  the  assembly,  to  be 
acted  upon  or  considered  in  any  manner  ;  and 
consequently  it  is  not  then  in  order  for  any 
member  to  rise  either  to  debate  it,  or  to  make 
any  motion  in  relation  to  it  whatever. 

199.  It  is  therefore  a  most  unparliamentary 
and  abusive  proceeding  to  allow  a  principal 
motion  and  a  subsidiary  one  relating  to  it  to 
be  proposed  and  stated  together,  and  to  be 
put  to  the  question  in  their  order  ;  as  is  done, 
when  a  member  moves  a  principal  question, 
a  resolution,  for  example,  and,  at  the  same 
time,  the  previous  question,  or  that  the  reso- 
lution lie  on  the  table.     In  such  a  case,  the 
presiding  officer  should  take  no  notice  what- 
ever of  the   subsidiary  motion,    but   should 
propose  the  principal   one   by  itself  in   the 
usual  manner,  before  allowing  any  other  to  be 
made.     Other  members,  then,  would  not  be 
deprived  of  their  rights  of  debate,  etc.,  in  re- 
lation to  the  subject  moved. 

200.  When   a   member   has   obtained   the 
floor,  he  cannot  be  cut  off  from  addressing 
the  assembly,  on  the  question  before  it ;  nor, 


OF  THE  OKDER  OF  PROCEEDING.    107 

when  speaking,  can  he  be  interrupted  in  his 
speech,  by  any  other  member  rising  and  moving 
an  adjournment,  or  for  the  orders  of  the  day, 
or  by  making  any  other  privileged  motion  of 
the  same  kind  ;  it  being  a  general  rule,  that  a 
member  in  possession  of  the  floor,  or  proceed- 
ing with  his  speech,  cannot  be  taken  down  or 
interrupted,  but  by  a  call  to  order ;  and  the 
question  of  order  being  decided,  he  is  still  to 
be  heard  through.  A  call  for  an  adjourn- 
ment, or  for  the  orders  of  the  day,  or  for  the 
question,  by  gentlemen  in  their  seats,  is  not 
a  motion  ;  as  no  motion  can  be  made,  without 
rising  and  addressing  the  chair,  and  being 
called  to  by  the  presiding  officer.  Such  calls 
for  the  question  are  themselves  breaches  of 
order,  which,  though  the  member  who  has 
risen  may  respect  them,  as  an  expression  of 
the  impatience  of  the  assembly  at  further  de- 
bate, do  not  prevent  him  from  going  on  if  he 
pleases. 


108  PARLIAMENTARY   PRACTICE. 


CHAPTER  XII. 

OF  ORDER  IN  DEBATE. 

201.  Debate    in    a    deliberative    assembly 
must  be  distinguished  from  forensic  debate, 
or  that  which  takes  place  before  a  judicial 
tribunal;  the  former  being,  in  theory,  at  least, 
more  the  expression  of  individual  opinions 
among  the  members  of  the  same  body  ;  the 
latter  more  a  contest  for  victory,  between  the 
disputants,  before  a  distinct  and  independent 
body ;  the  former  not  admitting  of  replies ; 
the  latter  regarding  reply  as  the  right  of  one 
of  the  parties.  * 

202.  It  is  a  general  rule,  in  all  deliberative 
assemblies,  that  the  presiding  officer  shall  not 
participate  in  the  debate,  or  other  proceedings, 
in  any  other  capacity  than  as  such  officer. 

*  An  exception  to  this  rule  is  sometimes  made  in 
favor  of  the  mover  of  a  question,  who  is  allowed,  at 
the  close  of  the  debate,  to  reply  to  the  arguments 
brought  against  his  motion  ;  but  this  is  a  matter  of 
favor  and  indulgence,  and  not  of  right. 


OF    ORDER    IN   DEBATE.  109 

He  is  only  allowed,  therefore,  to  state  matters 
of  fact  within  his  knowledge  ;  to  inform  the 
assembly  on  points  of  order  or  the  course  of 
proceeding,  when  called  upon  for  that  pur- 
pose, or  when  he  finds  it  necessary  to  do  so  ; 
and  on  appeals  from  his  decision  on  questions 
of  order,  to  address  the  assembly  in  debate. 

SECT.  I.  As  TO  THE  MANNER  OF  SPEAKING. 

203.  When  a  member  desires  to  address 
the   assembly,  on  any  subject   before  it   (as 
well  as  to  make  a  motion),  he  is  to  rise  and 
stand  up  in   his   place,    uncovered,   and   to 
address  himself  not  to  the  assembly,  or  any 
particular  member,  but  to  the  presiding  officer, 
who,  on  hearing  him,  calls  to  him  by  his  name, 
that  the  assembly  may  take  notice  who  it  is 
that  speaks,  and  give  their  attention  accord- 
ingly.    If  any  question  arises,  as  to  who  shall 
be  entitled  to  the  floor,  where  several  mem- 
bers rise  at  or  nearly  at  the  same  time,  it  is 
decided  in  the  manner  already  described  (46), 
as  to  obtaining  the  floor  to  make  a  motion. 

204.  It  is  customary,  indeed,  for  the  pre- 
siding officer,  after  a  motion  has  been  made, 
seconded,  and  proposed,  to  give  the  floor  to 


110  PARLIAMENTARY    PRACTICE. 

the  mover,*  in  preference  to  others,  if  he  rises 
to  speak  ;  or,  on  resuming  a  debate,  after  an 
adjournment,  to  give  the  floor,  if  he  desires 
it,  to  the  mover  of  the  adjournment,  in  prefer- 
ence to  other  members;  or,  where  two  or  more 
members  claim  the  floor,  to  prefer  him  who  is 
opposed  to  the  measure  in  question  ;  but,  in 
all  these  cases,  the  determination  of  the  pre- 
siding officer  may  be  overruled  by  the  assem- 
bly. 

205.  It  is  sometimes  thought,  that,  when  a 
member,  in  the  course  of  debate,  breaks  off 
his  speech,  and  gives  up  the  floor  to  another 
for  a  particular  purpose,  he  is  entitled  to  it 
again,  as  of  right,  when  that  purpose  is  ac- 
complished; but,  though    this    is    generally 
conceded,  yet,  when  a  member  gives  up  the 
floor  for  one  purpose,  he  does  so  for  all;  and 
it  is  not  possible  for  the  presiding  officer  to 
take  notice  of  and  enforce  agreements  of  this 
nature  between  members. 

206.  No  person,  in  speaking,  is  to  mention 

*  Sometimes  a  member,  instead  of  proposing  his 
motion,  at  first,  proceeds  with  his  speech ;  but  in 
such  a  case,  he  is  liable  to  be  taken  down  to  order, 
unless  he  states  that  he  intends  to  conclude  with  a 
motion,  and  informs  the  assembly  what  that  motion, 
is,  and  then  he  may  be  allowed  to  proceed. 


OF    ORDER   IN   DEBATE.  Ill 

a  member  then  present  by  his  name;  but  to 
describe  him  by  his  seat  in  the  assembly,  or 
as  the  member  who  spoke  last,  or  last  but 
one,  or  on  the  other  side  of  the  question,  or 
by  some  other  equivalent  expression.  The 
purpose  of  this  rule  is  to  guard  as  much  as 
possible  against  the  excitement  of  all  personal 
feeling,  either  of  favor  or  of  hostility,  by 
separating,  as  it  were,  the  official  from  the 
personal  character  of  each  member,  and  hav- 
ing regard  to  the  former  only  in  the  debate. 

207.  If  the  presiding  officer   rises   up   to 
speak,    any   other   member,    who   may   have 
risen  for  the  same  purpose,  ought  to  sit  down, 
in  order  that  the  former  may  be  first  heard; 
but  this  rule  does  not  authorize  the  presiding 
officer  to  interrupt  a  member,  whilst  speak- 
ing, or  to  cut  off  one  to  whom  he  has  given 
the  floor;  he  must  wait  like  other  members 
until  such  member  has  done  speaking. 

208.  A  member,  whilst  speaking,  must  re- 
main standing  in  his  place,  uncovered;  and, 
when  he  has  finished  his  speech,  he  ought  to 
resume  his  seat;  but  if  unable  to  stand  with- 
out pain  or  inconvenience,  in  consequence  of 
age,  sickness,  or  other  infirmity,  he  may  be 
indulged  to  speak  sitting. 


112  PARLIAMENTARY    PRACTICE. 

SECT.  II.     As  TO  THE  MATTER  IN 

SPEAKING. 

209.  Every  question,  that  can  be  made  in 
a  deliberative  assembly,  is  susceptible  of  being 
debated,*  according  to   its  nature;  that   is, 
every  member  has  the  right  of  expressing  his 
opinion  upon  it.     Hence,  it  is  a  general  rule, 
and  the  principal  one  relating  to  this  matter, 
that,  in  debate,  those  who  speak  are  to  con- 
fine themselves  to  the  question,  and  not  to 
speak  impertinently,   or  beside  the  subject. 
So  long  as  a  member  has  the  floor,  and  keeps 
within  the  rule,  he  may  speak  for  as  long  a 
time  as  he  pleases;  though,  if  an  uninterest- 
ing speaker  trespasses  too   much  upon  the 
time  and  patience  of  the  assembly,  the  mem- 
bers seldom  fail  to  show  their  dissatisfaction 
in  some  way  or  other,  which  induces  him  to 
bring  his  remarks  to  a  close. 

210.  It  is  also  a  rule,  that  no  person,  in 
speaking,  is  to  use  indecent  language  against 
the  proceedings  of  the  assembly,  or  to  reflect 

*  In  legislative  bodies,  it  is  usual  to  provide,  that 
certain  questions,  as,  for  example,  to  adjourn,  to  lie 
on  the  table,  for  the  previous  question,  or,  as  to  the 
order  of  business,  shall  be  decided  without  debate. 


OF   ORDER   IN   DEBATE.  113 

upon  any  of  its  prior  determinations,  unless 
he  means  to  conclude  his  remarks  with  a  mo- 
tion to  rescind  such  determination;  but  while 
a  proposition  under  consideration  is  still 
pending,  and  not  adopted,  though  it  may 
have  been  reported  by  a  committee,  reflec- 
tions on  it  are  no  reflections  on  the  assembly. 
The  rule  applies  equally  to  the  proceedings  of 
committees;  which  are,  indeed,  the  proceed- 
ings of  the  assembly. 

211.  Another  rule  in  speaking  is,  that  no 
member  is  at  liberty  to  digress  from  the  mat- 
ter of  the  question,  to  fall  upon  the  person  of 
another,  and  to  speak  reviling,  nipping,   or 
unmannerly  words  of  or  to  him.     The  nature 
or  consequences  of  a  measure  may  be  repro- 
bated in  strong   terms;  but   to  arraign  the 
motives  of  those  who  advocate  it,  is  a  person- 
ality and  against  order. 

212.  It  is  very  often  an  extremely  difficult 
and  delicate  matter  to  decide  whether  the 
remarks  of  a  member  are  pertinent  or  relevant 
to  the  question;  but  it  will,  in  general,   be 
safe  for  the  presiding  officer  to  consider  them 
so,  unless  they  very  clearly  reflect,  in  an  im- 
proper manner,  either  upon  the   person   or 
motives  of  a  member,  or  upon  the  proceedings 


114  PARLIAMENTARY    PRACTICE. 

of  the  assembly;  or  the  member  speaking 
digresses  from  or  manifestly  mistakes  the 
question. 

213.  It  often  happens  in  the  consideration 
of  a  subject,  that,  whilst  the  general  question 
remains   the   same,    the   particular   question 
before  the  assembly  is  constantly  changing; 
thus,  while,  for  example,  the  general  question 
is  on  the  adoption  of  a  series  of  resolutions, 
the  particular  question  may,  at  one  moment, 
be  on  an  amendment;  at  another  on  post- 
ponement; and,  again,  on  the  previous  ques- 
tion.     In    all    these    cases,    the    particular 
question  supersedes,  for  the  time,  the  main 
question;    and  those  who  speak  to  it  must 
confine  their  remarks  accordingly.     The  en- 
forcement of  order,  in  this  respect,  requires 
the  closest  attention  on  the  part  of  the  pre- 
siding officer. 

214.  When   a  member  is   interrupted  by 
the  presiding  officer,  or  called  to  order  by  a 
member,*  for  irrelevancy  or  departing  from 

*"In  the  latter  event,  the  member  will  rise,  and 
addressing  himself  to  the  presiding  officer,  will  say, 
'  I  rise  to  a  point  of  order.'  When  requested  by  the 
chair  to  state  it,  he  will  specify  the  thing  he  objects 
to.  If  the  chair  rules  that  the  member  is  out  of 
order  in  his  remarks,  and  no  appeal  is  taken  from 


OF    ORDER    LN    DEBATE.  115 

the  question,  a  question  may  be  made  as  to 
whether  he  shall  be  allowed  to  proceed  in  his 
remarks,  in  the  manner  he  was  speaking 
when  he  was  interrupted;  but,  if  no  question 
is  made,  or  if  one  is  made  and  decided  in  the 
negative,  he  is  still  to  be  allowed  to  proceed 
in  order,  that  is,  abandoning  the  objection- 
able course  of  remark. 

SECT.  III.     As  TO  TIMES  OF  SPEAKING. 

215.  The  general  rule,  in  all  deliberative 
assemblies,    unless   it   is   otherwise   specially 
provided,   is,    that   no   member  shall    speak 
more  than  once  to  the  same  question;*  al- 
though the  debate  on  that  question  may  be 
adjourned    and    continued  through    several 
days;  and,  although  a  member,  who  desires 
to  speak  a  second  time,  has,  in  the  course  of 
the  debate,  changed  his  opinion. 

216.  This  rulo  refers  to  the  same  question, 


the  decision,  he  will  abandon  the  line  of  remark  con- 
demned, and,  if  permitted,  proceed  in  order. 

"  Should  an  appeal  be  taken,  it  will  be  decided  with- 
out debate." — ED. 

*  The  mover  and  seconder,  if  they  do  not  speak  to 
the  question,  at  the  time  when  the  motion  is  made  and 
seconded,  have  the  same  right  with  other  members  to 
address  the  assembly. 


116  PARLIAMENTARY    PRACTICE. 

technically  considered;  for,  if  a  resolution  is 
moved  and  debated,  and  then  referred  to  a 
committee,  those  who  speak  on  the  introduc- 
tion of  the  motion  may  speak  again  on  the 
question  presented  by  the  report  of  the  com- 
mittee, though  it  is  substantially  the  same 
question  with  the  former;  and,  so,  members, 
who  have  spoken  on  the  principal  or  main 
question,  may  speak  again  on  all  the  sub- 
sidiary or  incidental  questions  arising  in  the 
course  of  the  debate. 

217.  The  rule,  as  to  speaking  but  once  on 
a  question,  if  strictly  enforced,  will  prevent  a 
member  from  speaking  a  second  time  without 
the  general  consent  of  the  assembly,  so  long 
as  there  is  any  other  member  who  himself 
desires  to  speak;  but,  when  all  who  desire  to 
speak  have  spoken,  a  member  may  speak  a 
second  time  by  leave  of  the  assembly. 

218.  A  member  may  also  be  permitted  to 
speak  a  second  time,  in  the  same  debate,  in 
order  to  clear  a  matter  of  fact;  or  merely  to 
explain  himself  in  some  material  part  of  his 
speech;  or  to  the  orders  of  the  assembly,  if 
they  be  transgressed  (although  no  question 
may  be  made),  but  carefully  keeping  within 
that  line  and  not  falling  into  the  matter  itself. 


OP    ORDER    Itf   DEBATE.  117 

219.  It  is  sometimes  supposed,   that,   be- 
cause a  member  has  a  right  to  explain  him- 
self, he  therefore  has  a  right  to  interrupt  an- 
other member  whilst  speaking,  in  order  to 
make  the  explanation:  but  this  is  a  mistake; 
he  should  wait  until  the  member  speaking 
has  finished;  and  if  a  member,  on  being  re- 
quested, yields  the  floor  for  an  explanation, 
he  relinquishes  it  altogether. 

SECT.  IV.     As  TO  STOPPING  DEBATE. 

220.  The  only  mode  in  use,  in  this  country, 
until  recently,  for  the  purpose  of  putting  an 
end  to  an  unprofitable  or   tiresome  debate, 
was  by  moving  the   previous  question;    the 
effect  of  which  motion,  as  already  explained, 
if  decided  in  the  affirmative,  is  to  require  the 
main  or  principal  question  to  be  immediately 
taken.     When  this  question  is  moved,  there- 
fore, it  necessarily  suspends  all  further  con- 
sideration   of    the  main   question,  and  pre- 
cludes all  further  debate  or  amendment  of  it; 
though,  as  has  been  seen,  it  stands  in  the 
same  degree  with  postponement,  amendment, 
and  commitment;  and,  unless  in  virtue  of  a 
special  rule,  cannot  be  moved  while  either  of 
those  motions  is  pending. 


118  PARLIAMENTARY   PRACTICE. 

221.  The  other  mode  of  putting  an  end  to 
debate,  which  has  recently  been  introduced 
into  use,  is  for  the  assembly  to  adopt  before- 
hand a  special  order  in  reference  to  a  par- 
ticular subject,  that,  at  such  a  time  specified, 
all  debate  upon  it  shall  cease,  and  all  mo- 
tions or  questions  pending  in  relation  to  it 
shall  be  decided. 

222.  Another  rule,  which  has  lately  been 
introduced  for  the  purpose  of    shortening 
rather  than  stopping  debate,  is,  that  no  mem- 
ber shall  be  permitted  to  speak  more  than  a 
certain  specified  time  on  any  question;  so 
that,  when  the  time  allotted  has  expired,  the 
presiding  officer  announces  the  fact,  and  the 

member  speaking  resumes  his  seat.* 

« > 

*  "In  the  House  of  Commons,  England,  ever 
since  the  Irish  Parliamentary  Party  proved  strong 
enough  to  combat  with  the  Opposition  by  ob- 
structing all  bills  in  the  endeavor  to  procure 
'Home  Rule'  for  Ireland  there  has  been  nothing 
but  turmoil  over  every  bill  proposed;  to  stop  this 
the  '  Government  Party '  passed  a  rule  which  was 
applied  wherever  obstruction  or  debate  was  carried 
too  far;  this  was  called  '  Cloture.'  It  is  used  as  a 
'  gag*  law,  as  when  '  Cloture'  is  moved  every  thing 
or  motion  is  subordinated  to  the  motion  in  favor  of 
which  *  Cloture'  was  applied," — ED, 


OP   ORDER   IN   DEBATE.  119 

SECT.  V.  As  TO  DECORUM  IN  DEBATE. 
223.  Every  member  Jiaving  the  right  to  be 
heard,  every  other  member  is  bound  to  con- 
duct himself  in  such  a  manner,  that  this  right 
may  be  effectual.  Hence,  it  is  a  rule  of  order, 
as  well  as  of  decency,  that  no  member  is  to 
disturb  another  in  his  speech  by  hissing, 
coughing,  spitting;  by  speaking,  or  whisper- 
ing; by  passing  between  the  presiding  officer 
and  the  member  speaking;  by  going  across 
the  assembly-room,  or  walking  up  and  down 
in  it;  or  by  any  other  disorderly  deportment, 
which  tends  to  disturb  or  disconcert  a  mem- 
ber who  is  speaking. 

224:.  But,  if  a  member  speaking  finds,  that 
he  is  not  regarded  with  that  respectful  atten- 
tion, which  his  equal  right  demands, — that 
it  is  not  the  inclination  of  the  assembly  to 
hear  him, — and  that  by  conversation  or  any 
other  noise  they  endeavor  to  drown  his  voice, 
— it  is  his  most  prudent  course  to  submit 
himself  to  the  pleasure  of  the  assembly,  and 
to  sit  down;  for  it  scarcely  ever  happens, 
that  the  members  of  the  assembly  are  guilty 
of  this  piece  of  ill-manners,  without  some  ex- 
cuse or  provocation,  or  that  they  are  so 


120  PARLIAMENTARY   PRACTICE. 

wholly  inattentive  to  one,  who  says  anything 
worth  their  hearing. 

225.  It  is  the  duty  of  the  presiding  officer, 
in   such  a  case,  to  endeavor  to  reduce  the 
assembly  to  order  and  decorum;  but,  if  his 
repeated  calls  to  order,  and  his  appeals  to  the 
good   sense   and   decency  of  the   members, 
prove  ineffectual,  it  then  becomes  his  duty  to 
call  by  name  any  member  who  obstinately 
persists  in   irregularity;  whereupon  the  as- 
sembly may  require   such  member  to  with- 
draw; who  is  then  to  be  heard,  if  he  desires 
it,  in  exculpation,  and  to  withdraw;  then  the 
presiding  officer  states  the  offence  committed, 
and  the  assembly  considers  of  the  kind  and 
degree  of  punishment  to  be  inflicted. 

226.  If,  on  repeated  trials,  the  presiding 
officer  finds  that  the  assembly  will  not  sup- 
port him  in  the  exercise  of  his  authority,  he 
will  then  be  justified,  but  not  till  then,  in 
permitting,  without  censure,  every  kind  of 
disorder. 

SECT.  VI.    As  TO  DISORDERLY  WORDS. 

227.  If  a  member,  in  speaking,  makes  use 
of  language,  which  is  personally  offensive  to 
another,  or  insulting  to  the  assembly,  and  the 


OF    ORDER    IN    DEBATE.  121 

member  offended,  or  any  other,  thinks  proper 
to  complain  of  it  to  the  assembly,  the  course 
of  proceedings  is  as  follows: 

228.  The  member  speaking  is  immediately 
interrupted  in  the  course  of  his  speech,  by 
another  or  several  members  rising  and  calling 
to  order;  and,  the  member,  who  objects  or 
complains  of  the  words,  is  then  called  upon 
by  the  presiding  officer  to  state  the  words 
which  he  complains  of,  repeating  them  exactly 
as  he  conceives  them  to  have  been  spoken, 
in  order  that  they  may  be  reduced  to  writing 
by  the  clerk;  or  the  member  complaining, 
without  being  so  called  upon,  may  proceed  at 
once  to  state  the  words  either  verbally  or  in 
writing,  and  desire  that  the  clerk  may  take 
them  down  at  the  table.  The  presiding 
officer  may  then  direct  the  clerk  to  take  them 
down;  but  if  he  sees  the  objection  to  be  a 
trivial  one,  and  thinks  there  is  no  foundation 
for  their  being  thought  disorderly,  he  will 
prudently  delay  giving  any  such  directions,  in 
order  not  unnecessarily  to  interrupt  the  pro- 
ceedings; though  if  the  members  generally 
seem  to  be  in  favor  of  having  the  words  taken 
down,  by  calling  out  to  that  effect,  or  by  a 
vote,  which  the  assembly  may  doubtless  pass, 


122  PARLIAMENT ABT   PBACTICE. 

the  presiding  officer  should  certainly  order  the 
clerk  to  take  them  down,  in  the  form  and 
manner  in  which  they  are  stated  by  the  mem- 
ber who  objects. 

229.  The  words  objected  to   being  thus 
written   down,    and  forming  a  part  of  the 
minutes  in  the  clerk's  book,  they  are  next  to 
be   read  to  the  member  who  was  speaking, 
who   may  deny   that  those    are    the  words 
which  he  spoke,  in  which  case,  the  assembly 
must  decide  by  a  question,  whether  they  are 
the  words  or  not.  *     If  he  does  not  deny  that 
he  spoke  those  words,  or  when  the  assembly 
has  itself   determined  what    the  words  are, 
then  they  member  may  either  justify  them, 
or  explain  the  sense  in  which  he  used  them, 
so  as  to  remove  the  objection  of  their  being 
disorderly  ;    or  he  may  make  an  apology  for 
them. 

230.  If  the  justification,  or  explanation,  or 
apology,  of  the  member,  is  thought  sufficient 
by  the  assembly,    no   further  proceeding  is 
necessary ;    the  member  may  resume  and  go 
on  with  his  speech,  the  assembly  being  pre- 

*  The  words,  as  written  down,  may  be  amended, 
so  as  to  conform  to  what  the  assembly  thinks  to  be 
tfie  truth. 


OF    ORDER    IN    DEBATE.  123 

sumed,  unless  some  further  motion  is  made, 
to  be  satisfied  ;  but  if  any  two  members  (one 
to  make  and  the  other  to  second  the  motion) 
think  it  necessary  to  state  a  question,  so  as 
to  take  the  sense  of  the  assembly  upon  the 
words,  and  whether  the  member  in  using 
them  has  been  guilty  of  any  offence  towards 
the  assembly,  the  member  must  withdraw 
before  that  question  is  stated  ;  and  then  the 
sense  of  the  assembly  must  be  taken,  and 
such  further  proceedings  had  in  relation  to 
punishing  the  member,  as  may  be  thought 
necessary  and  proper. 

231.  The  above  is  the  course  of  proceeding 
established  by  the  writers  of  greatest  author- 
ity,* and  ought  invariably  to  be  pursued  ;  it 
might  however  be  improved,  by  the  member 
who  objects  to  words  writing  them  down  at 
once,  and   thereupon   moving  that   they  be 
made  a  part  of  the  minutes  ;  by  which  means, 
the  presiding  officer  would  be  relieved  from 
the  responsibility  of  determining,  in  the  first 
instance,  upon  the  character  of  the  words. 

232.  If  offensive  words  are  not  taken  notice 


*  Mr.  Hatsell,  in  England,  and  Mr.  Jefferson,  in  this 
country. 


124  PARLIAMENTARY    PRACTICE. 

of  at  the  time  they  are  spoken,*  but  the 
member  is  allowed  to  finish  his  speech,  and 
then  any  other  person  speaks,  or  any  other 
matter  of  business  intervenes,  before  notice  is 
taken  of  the  words  which  gave  offence,  the 
words  are  not  to  be  written  down,  or  the 
member  using  them  censured.  This  rule  is 
established  for  the  common  security  of  all  the 
members  ;  and  to  prevent  the  mistakes  which 
must  necessarily  happen,  if  words  complained 
of  are  not  immediately  reduced  to  writing. 


CHAPTER  XIII. 

OF    THE     QUESTIOX. 

233.  When  any  proposition  is  made  to  a 
deliberative  assembly,  it  is  called  a  motion  ; 
when  it  is  stated  or  propounded  to  the  as- 
sembly, for  their  acceptance  or  rejection,  it 
is  denominated  a  question;  and,  when 

*  Mr.  Jefferson  (§  17)  lays  it  down,  that  "disorderly 
words  are  not  to  be  noticed  till  the  member  has 
finished  his  speech."  But  in  this,  he  is  contradicted 
by  Hatsell,  as  well  as  by  the  general  practice  of 
legislative  bodies. 


OF   THE    QUESTION.  125 

adopted,  it  becomes  the  order,  resolution,  or 
vote,  of  the  assembly. 

234.  All  the  proceedings,  which  have  thus 
far  been  considered,  have  only  had  for  their 
object  to  bring  a  proposition  into  a  form  to 
be  put  to  the  question  ;  that  is,  to  be  adopted 
as  the  sense,  will,  or  judgment,  of  the  assem- 
bly, or  to  be  rejected ;  according  as  such 
proposition  may  be  found  to  unite  in  its 
favor,  or  to  fail  of  uniting,  a  majority  of  the 
members. 

236.  When  any  proposition,  whether  prin- 
cipal, subsidiary,  or  incidental,  or  of  what- 
ever nature  it  may  be,  is  made,  seconded,  and 
stated,  if  no  alteration  is  proposed,  — or  if  it 
admits  of  none,  or  if  it  is  amended, — and  the 
debate  upon  it,  if  any,  appears  to  be  brought 
to  a  close,  the  presiding  officer  then  inquires, 
whether  the  assembly  is  ready  for  the  ques- 
tion? and,  if  no  person  rises,  the  question  is 
then  stated,  and  the  votes  of  the  assembly 
taken  upon  it. 

236.  The  question  is  not  always  stated  to 
the  assembly,  in  the  precise  form  in  which  it 
arises  or  is  introduced  ;  thus,  for  example, 
when  a  member  presents  a  petition,  or  the 
chairman  of  a  committee  offers  a  report,  the 


126  PARLIAMENTARY   PRACTICE. 

question  which  arises,  if  no  motion  is  made, 
is,  Shall  the  petition  or  the  report  be  received  ?. 
and,  so,  when  the  previous  question  is  moved, 
it  is  stated  in  this  form,  Shall  the  main  ques- 
tion be  now  put? — the  question  being  stated, 
in  all  cases,  in  the  form  in  which  it  will 
appear  on  the  journal,  if  it  passes  in  the 
affirmative. 

237.  In  matters  of  trifling  importance,  or 
which  are  generally  of  course,  such  as  re- 
ceiving petitions  and  reports,  withdrawing 
motions,  reading  papers,  etc.,  the  presiding 
officer  most  commonly  supposes  or  takes  for 
granted  the  consent  of  the  assembly,  where 
no  objection  is  expressed,  and  does  not  go 
through  the  formality  of  taking  the  question 
by  a  vote.  But  if,  after  a  vote  has  been  taken 
in  this  informal  way  and  declared,  any  mem- 
ber rises  to  object,  the  presiding  officer  should. . 
consider  every  thing  that  has  passed  as  noth- 
ing, and,  at  once,  go  back  and  pursue  the 
regular  course  of  proceeding.  Thus,  if  a 
petition  is  received,  without  a  question,  and 
the  clerk  is  proceeding  to  read  it,  id  the 
usual  order  of  business,  if  any  one  rises  to 
object,  it  will  be  the  safest  and  most  proper 
course,  for  the  presiding  officer  to  require  a 


OF   THE    QUESTION.  127 

motion  for  receiving  it  to  be  regularly  made 
and  seconded. 

238.  The  question  being  stated  by  the  pre- 
siding officer,  he  first  puts  it  in  the  affirma- 
tive, namely:  As  many  as  are  of  opinion 
that — repeating  the  words  of  the  question, — 
say  aye ;  and,  immediately,  all  the  members 
who  are  of  that  opinion  answer  aye  ;  the  pre- 
siding officer  then  puts  the  question  nega- 
tively :  As  many  as  are  of  a  different  opinion 
say  no;  and,  thereupon,  all  the  members 
who  are  of  that  opinion  answer  no.  The  pre- 
siding officer  judges  by  his  ear  which  side 
has  "  the  more  voices,"  and  decides  accord- 
ingly, that  the  ayes  have  it,  or  the  noes  have 
it,  as  the  case  may  be.  If  the  presiding 
officer  is  doubtful  as  to  the  majority  of 
voices,  he  may  put  the  question  a  second 
,«time,  and  if  he  is  still  unable  to  decide,  or, 
if,  having  decided  according  to  his  judgment, 
any  member  rises  and  declares  that  he  be- 
lieves the  ayes  or  the  noes  (whichever  it  may 
be)  have  it,  contrary  to  the  declaration  of  the 
presiding  officer,*  then  the -presiding  officer 
directs  the  assembly  to  divide,  in  order  that 

*  The  most  common  expression  is :  "I  doubt  the 
vote," or,  "that  vote  is  doubted." 


128  PARLIAMENTARY   PRACTICE. 

the  members  on  the  one  side  and  the  other 
may  be  counted. 

239.  If,  however,  any  new  motion  should 
be  made,  after  the  presiding  officer's  declar- 
ation, or,  if  a  member,  who  was  not  in  the 
assembly-room  when  the  question  was  taken, 
should  come  in,  it  will  then  be  too  late  to 
contradict  the  presiding  officer,  and  have  the 
assembly  divided. 

240.  The  above  is  the  parliamentary  form 
of  taking  a  question,  and  is  in  general  use  in 
this  country  ;  but,  in  some  of  our  legislative 
assemblies,  and  especially  in   those  of   the 
New  England  states,  the  suffrages  are  given 
by  the  members  holding  up  their  right  hands, 
first  those  in  the  affirmative,  and  then  those 
in  the  negative,  of  the  question.     If  the  pre- 
siding officer  cannot  determine,  by  the  show 
of   hands,  which  side  has  the  majority,  he 
may  call  upon  the  members  to  vote  again, 
and  if  he  is  still  in  doubt,  or  if  his  declara- 
tion is  questioned,  a  division  takes    place. 
When  the  question  is  taken  in  this  manner, 
the  presiding  officer  directs  the  members,  first 
on  the  affirmative  side,  and  then  on  the  neg- 
ative, to  manifest  their  opinion  by  holding 
up  the  right  hand. 


OF    THE    QUESTION.  129 

241.  When  a  division  of  the  assembly  takes 
place,  the  presiding  officer  sometimes  directs 
the  members  to  range  themselves  on  different 
sides  of  the  assembly-room,  and  either  counts 
them  himself,  or  they  are  counted  by  tellers 
appointed  by  him  for  the  purpose,  or  by  moni- 
tors permanently  appointed  for  that  and  other 
purposes  ,  or  the  members  rise  in  their  seats, 
first  on  the  affirmative  and  then  on  the  nega- 
tive, and  (standing  uncovered)  are  counted  in 
the  same  manner.     When  the  members  are 
counted  by  the  presiding  officer,  he  announces 
the  numbers  and  declares  the  result.     When 
they  are  counted  by  tellers  or  monitors,  the 
telters  must  first  agree  among  themselves,  and 
then  the  one  who  has  told  for '  the  majority 
reports  the  numbers  to  the  presiding  officer, 
who,  thereupon,  declares  the  result. 

242.  The  best  mode  of  dividing  an  assem- 
bly, that  is  at  all  numerous,  is  for  the  presid- 
ing officer  to  appoint  tellers  for  each  division 
or  section  of  the  assembly-room,  and  then  to 
require  the  members,  first  those  in  the  affirm- 
ative, and  then  those  in  the  negative,  to  rise, 
stand  uncovered,  and  be  counted  ;  this  being 
done,  on  each  side,  the  tellers  of  the  sever- 


130  PARLIAMENTARY   PRACTICE. 

al  divisions  make  their  returns,  and  the  pre- 
siding officer  declares  the  result. 

243.  If  the  members  are  equally  divided, 
the  presiding  officer  may,  if  he  pleases,  give 
the  casting  vote;  or,  if  he  chooses,  he  may  re- 
frain from  voting,  in  which  case,  the  motion 
does  not  prevail,  and  the  decision  is  in  the 
negative. 

244.  It  is  a  general  rule,  that  every  mem- 
ber, who  is  in  the  assembly-room  at  the  time 
when  the  question  is  stated,  has  not  only  the 
right  but  is  bound  to  vote ;  and,  on  the  other 
hand,  that  no  member  can  vote,  who  was  not 
in  the  room  at  that  time. 

245.  The   only  other   form  of   taking  the 
question,  which  requires  to  be  described,   is 
one  in  general  use  in  this  country,  by  means 
of  which  the  names  of  the  members  voting  on 
the  one  side  and  on  the  other  are  ascertained 
aud  entered  in  the  journal  of  the  assembly. 
This  mode,  which  is  peculiar  to  the  legislative 
bodies  of  the  United  States,  is  called  taking 
the  questions  by  yeas  and  nays.     In  order  to 
take  a  question  in  this  manner,  it  is  stated  on 
both  sides  at  once,  namely  :  As  many  as  are 
of  opinion,  that,  etc.,  will  when  their  names 
are  called,  answer  yes;  and  As  many  as  are 


OF   THE    QUESTION.  13 1 

of  a  different  opinion  will,  when  their  names 
are  called,  anszver  no;  the  roll  of  the  assembly 
is  then  called  over  by  the  clerk,  and  each 
member,  as  his  name  is  called,  rises  in  his 
place,  and  answers  yes  or  no,  and  the  clerk 
notes  the  answer  as  the  roll  is  called.  "When 
the  roll  has  been  gone  through  the  clerk  reads 
over  first  the  names  of  those  who  have  an- 
swered in  the  affirmative  and  then  the  names 
of  those  who  have  answered  in  the  negative, 
in  order  that  if  he  has  made  any  mistake  in 
noting  the  answer,  or  if  any  member  has  made 
a  mistake  in  his  answer,  the  mistake  of 
either  may  be  corrected.  The  names  having 
been  thus  read  over,  and  the  mistakes,  if  any, 
corrected,  the  clerk  counts  the  numbers  on 
each  side,  and  reports  them  to  the  presiding 
officer,  who  declares  the  result  to  the  assem- 
bly. 

246.  The  following  is  the  mode  practised 
in  the  house  of  representatives  of  Massachu- 
setts, (which  is  by  far  the  most  numerous  of 
all  the  legislative  bodies  in  this  country,)  of 
taking  a  question  by  yeas  and  nays.  The 
names  of  the  members  being  printed  on  a 
sheet,  the  clerk  calls  them  in  their  order  ;  and 
as  each  one  answers,  the  clerk  (responding  to 


132  PARLIAMENTARY    PRACTICE. 

the  member,  at  tlie  same  time)  places  a  figure 
in  pencil,,  expressing  the  number  of  the  an- 
swer, at  the  left  or  right  of  the  name,  accord- 
ing as  the  answer  is  yes  or  no  ;  so  that  the 
last  figure  or  number,  on  each  side,  shows  the 
number  of  the  answers  on  that  side  ;  and  the 
two  last  numbers  or  figures  represent  the  re- 
spective numbers  of  the  affirmatives  and  nega- 
tives on  the  division.  Thus,  at  the  left  hand 
of  the  name  of  the  member  who  first  answers 
yes,  the  clerk  places  a  figure  1 ;  at  the  right 
hand  of  the  first  member  who  answers  no,  he 
also  places  a  figure  1 ;  the  second  member  that 
answers  yes  is  marked  2  ;  and  so  on  to  the 
end  of  the  list ;  the  side  of  the  name,  on  which 
the  figure  is  placed,  denoting  whether  the 
answer  is  yes  or  no,  and  the  figure  denoting 
the  number  of  the  answer  on  that  side.  The 
affirmatives  and  negatives  are  then  read  sep- 
arately, if  necessary,  though  this  is  usually 
omitted,  and  the  clerk  is  then  prepared,  by 
means  of  the  last  figure  on  each  side,  to  give 
the  numbers  to  the  speaker  to  be  announced 
to  the  house.  The  names  and  answers  are 
afterwards  recorded  on  the  journal. 

247.   In  any  of  the  modes  of  taking  a  ques- 
tion, in  which  it  is  first  put  on  one  side,  and 


OF    THE    QUESTION.  133 

then  on  the  other,  it  is  no  full  question,  until 
the  negative  as  well  as  '  the  affirmative  has 
been  put.  Consequently,  until  the  negative 
has  been  put,  it  is  in  order  for  any  member, 
in  the  same  manner  as  if  the  division  had  not 
commenced,  to  rise  and  speak,  make  motions 
for  amendment,  or  otherwise,  and  thus  renew 
the  debate  ;  and  this,  whether  such  member 
was  in  the  assembly-room  or  not,  when  the 
question  was  put  and  partly  taken.  In  such 
a  case,  the  question  must  be  put  over  again  on 
the  affirmative  as  well  as  the  negative  side  ; 
for  the  reason,  that  members  who  were  not  in 
the  assembly-room,  when  the  question  was 
first  put,  may  have  since  come  in,  and  also 
that  some  of  those  who  voted,  may  have  since 
changed  their  minds.  When  a  question  is 
taken  by  yeas  and  nays,  and  the  negative  as 
well  as  the  affirmative  of  the  question  is 
stated,  and  the  voting  on  each  side  begins 
and  proceeds  at  the  same  time,  the  question 
cannot  be  opened  and  the  debate  renewed, 
after  the  voting  has  commenced. 

248.  If  any  question  arises,  in  a  point  of 
order,  as,  for  example,  as  to  the  right  or  the 
duty  of  a  member  to  vote,  during  a  division, 
the  presiding  officer  must  decide  it  perempto- 


134  PARLIAMENTARY   PRACTICE. 

rily,  subject  to  the  revision  and  correction  of 
the  assembly,  after  the  division  is  over.  In  a 
case  of  this  kind,  there  can  be  no  debate, 
though  the  presiding  officer  may  if  he  pleases 
receive  the  assistance  of  members  with  their 
advice,  which  they  are  to  give  sitting,  in  order 
to  avoid  even  the  appearance  of  a  debate  ; 
tut  this  can  only  be  with  the  leave  of  the 
presiding  officer,  as  otherwise  the  division 
might  be  prolonged  to  an  inconvenient  length  ; 
nor  can  any  question  be  taken,  for  otherwise 
there  might  be  division  upon  division  without 
end. 

249.  When,  from  counting  the  assembly  on 
a  division,  it  appears  that  there  is  not  a  quo- 
rum present,  there  is  no  decision  ;  but  the 
matter  in  question  continues  in  the  same  state, 
in  which  it  was  before  the  division  ;  and,  when 
afterwards  resumed,  whether  on  the  same  or 
on  some  future  day,  it  must  be  taken  up  at 
that  precise  point. 


OF   RECONSIDERATION.  1«5 

CHAPTER  XIV. 

OF    RECONSIDERATION. 

256.  It  is  a  principle  of  parliamentary  law, 
upon  which  many  of  the  rules  and  proceedings 
previously  stated  are  founded,  that  when  a 
question  has  once  been  put  to  a  deliberative 
assembly,  and  decided,  whether  in  the  affirm- 
ative or  negative,  that  decision  is  the  judg- 
ment of  the  assembly,  and  cannot  be  again 
brought  into  question. 

252.  This  principle  holds  equally,  although 
the  question  proposed  is  not  the  identical 
question  which  has  already  been  decided,  but 
only  its  equivalent;  as,  for  example^  where 
the  negative  of  one  question  amounts  to  the, 
affirmative  of  the  other^  and  leaves  no  o;ther 
alternative,  these  questions,  are  the  equiva- 
lents of  one  another^  and  a  decision  of  the  one 
necessarily  conelu4es  the  pthe.r. 

252.  A  con^mon  application  of  the  rule  as 
to  equivalent  questions  occurs  in  the  case 
of  an  amendment  proposed  by  striking  out 
words;  in  which  it  is  the  invariable  practice 


136  PARLIAMENTARY    PRACTICE. 

to  consider  the  negative  of  striking  out  as 
equivalent  to  the  affirmative  of  agreeing;  so 
that  to  put  a  question  on  agreeing,  after  a 
question  on  striking  out  its  negatived,  would 
be,  in  effect,  to  put  the  same  question  twice 
over. 

253.  The  principle  above  stated  does  not 
apply  so  as  to  prevent  putting  the  same  ques- 
tion in  the  different  stages  of  any  proceeding; 
as,  for    example,  in  legislative  bodies,  the 
different  stages  of  a  bill;  so,  in  considering 
reports  of  committees,  questions  already  taken 
and  decided,  before  the  subject  was  referred, 
may  be  again  proposed;  and,  in  like  manner, 
orders  of  the  assembly,  and  instructions  or 
references  to  committees,  may  be  discharged 
or  rescinded. 

254.  The  inconvenience  of  this  rule,  which 
is  still  maintained  in  all  its  strictness  in  the 
British  parliament  (though  divers  expedients 
are  there  resorted  to  to  counteract  or  evade  it),* 

*  "  The  English  Parliament  rigidly  maintains  the 
principle  that  when  a  subject  has  been  once  decided, 
either  in  the  affirmative  or  negative,  it  is  to  remain 
permanently  as  the  judgment  of  the  house.  To 
remedy  the  inconveniences  that  sometimes  occur,  it 
resorts  to  various  expedients;  as,  by  passing  an  ex- 
planatory act,  or  an  act  to  rectify  mistakes  in  an  act, 
etc/'— ED. 


OF    RECONSIDERATION.  137 

has  led  to  the  introduction  into  the  parlia- 
mentary practice  of  this  country  of  the  motion 
for  reconsideration;  which,  while  it  recog- 
nizes and  upholds  the  rule  in  all  its  ancient 
strictness,  yet  allows  a  deliberative  assembly, 
for  sufficient  reasons,  to  relieve  itself  from 
the  embarrassment  and  inconvenience,  which 
would  occasionally  result  from  a  strict  en- 
forcement of  the  rule  in  a  particular  case. 

255.  It  has  now  come  to  be   a  common 
practice  in  all  our  deliberative  assemblies, 
and  may  consequently  be  considered  as  a 
principle  of  the  common  parliamentary  law 
of  this  country,  to  reconsider  a  vote  already 
passed,  whether  affirmatively  or  negatively. 

256.  For  this  purpose,  a  motion  is  made 
and  seconded,  in  the  usual  manner,  that  such 
a  vote  be  reconsidered;  and,  if  this  motion 
prevails,  the  matter  stands  before  the  assem- 
bly in  precisely  the  same  state  and  condition, 
and  the  same  questions  are  to  be  put  in  re- 
lation to  it,  as  if  the  vote  reconsidered  had 
never  been  passed.     Thus,  if  an  amendment 
by  inserting  words  is  moved  and  rejected, 
the    same    amendment    cannot    be    moved 
again;  but,  the  assembly  may  reconsider  the 
vote  by  which  it  was  rejected,  and  then  the 


138  PARLIAMENTARY    PRACTICE. 

question  will  recur  on  the  amendment,  pre- 
cisely as  if  the  former  vote  had  never  been 
passed. 

257.  It  is  usual  in  legislative  bodies,  to 
regulate  by  a  special  rule  the  time,  manner, 
and  by  whom,  a  motion  to  reconsider  may  be 
made;  thus,  for  example,  that  it  shall  be  made 
only  on  the  same  or  a  succeeding  day, — by  a 
member  who  voted  with  the  majority, — or 
at  a  time  when  there  are  as  many  members 
present  as  there  were  when  the  vote  was 
passed;  but,  where  there  is  no  special  rule  on 
the  subject,  a  motion  to  reconsider  must  be 
considered  in  the  same  light  as  any  other 
motion,  and  as  subject  to  no  other  rules. 


CHAPTEK  XV. 
OF  COMMITTEES. 

SECT.  I.    THEIR  NATURE  AND  FUNCTIONS. 

258.  It  is  usual  in  all  deliberative  assem- 
blies, to  take  the  preliminary  (sometimes, 
also,  the  intermediate)  measures,  and  to  pre- 
pare matters  to  be  acted  upon,  in  the  assem- 


OF    COMMITTEES.  139 

bly,  by  means  of  committees,  composed  either 
of  members  specially  selected  for  the  particu- 
lar occasion,  or  appointed  beforehand  for  all 
matters  of  the  same  nature. 

259.  Committees  of  the  first  kind  are  usu- 
ally called  select,  the  others  standing  ;  though 
the  former  appellation   belongs  with    equal 
propriety  to   both,  in   order  to   distinguish 
them  from  another  form  of  committee,  con- 
stituted either  for  a  particular  occasion,  or 
for  all  cases  of  a  certain  kind,  which  is  com- 
posed of  all  the  members  of  the  assembly, 
and  therefore  denominated  a  committee  of  the 
whole. 

260.  The  advantages  of  proceeding  in  this 
mode  are  manifold.     It  enables  a  deliberative 
assembly  to  do  many  things,  which,  from  its 
numbers,  it  would  be  otherwise  be  unable  to 
do  ; — to  accomplish  a  much  greater  quantity 
of  business,  by  dividing  it  among  the  mem- 
bers, than  could  possibly  be  accomplished,  if 
the  whole  body  were  obliged  to  devote  itself 
to  each  particular  subject ; — and  to  act  in  the 
preliminary  and    preparatory  steps,  with   a 
greater  degree  of  freedom,  than  is  compati- 
ble  with  the   forms   of  proceeding  usually 
observed  in  full  assembly. 


140  PARLIAMENTARY   PRACTICE. 

261.  Committees  are  appointed  to  consider 
a  particular  subject,  either  at  large  or  under 
special  instructions:  to  obtain  information  in 
reference  to  a  matter  before  the  assembly, 
either  by  personal  inquiry  and  inspection,  or 
by  the   examination    of  witnesses ;    and  to 
digest  and  put  into  the  proper  form,  for  the 
adoption    of  the   assembly,  all    resolutions, 
votes,  orders,  and  other  papers,  with  which 
they  may  be  charged.     Committees  are  com- 
monly said  to  be  the  "  eyes  and  ears"  of  the 
assembly  ;  it  is  equally  true,  that,  for  certain 
purposes,  they  are  also  its  "head  and  hands." 

262.  The  powers  and  functions  of  commit- 
tees depend  chiefly  upon  the  general  authority 
and  particular  instructions  given  them  by  the 
assembly,  at  the  time  of  their  appointment ; 
but  they  may  also  be,  and  very  often  are, 
further  instructed,  whilst    they  are   in    the 
exercise  of  their  functions ;  and,  sometimes, 
it   even  happens,  that  these  additional  in- 
structions  wholly  change   the    nature   of  a 
committee,  by   charging   it    with    inquiries 
quite  different  from  those  for  which  it  was 
originally  established. 


OF    COMMITTEES.  141 

SECT.  II.     THEIR  APPOINTMENT. 

263.  In  the  manner  of  appointing  commit- 
tees, there  is  no  difference  between  standing 
and  other  select  committees,  as  to  the  mode 
of  selecting  the  members  to  compose  them  ; 
and,  in  reference  to  committees  of  the  whole, 
as  there  is  no  selection  of  members,  they  are 
appointed  simply  by  the  order  of  the  assem- 
bly. 

264.  In  the  appointment  of  select  commit- 
tees, the  first  thing  to  be  done  is  to  fix  upon 
the  number.     This  is  usually  effected  in  the 
same  manner  that  blanks  are  filled,  namely, 
by  members  proposing,  without  the  formality 
of  a  motion,  such  members  as  they  please, 
which  are  then  separately  put  to  the  ques- 
tion, beginning  with  the  largest  and  going 
regularly  through  to  the  smallest,  until  the 
assembly  comes  to  a  vote. 

265.  The  number  being  settled,  there  are 
three  modes  of  selecting  the  members,  to  wit, 
by  the  appointment  of  the  presiding  officer, — 
by  ballot, — and  by  nomination  and  vote  of 
the  assembly;  the  first,  sometimes  in  virtue 
of  a  standing  rule,  sometimes  in  pursuance 
of  a  vote  of  the  assembly  in  a  particular  case; 


142  PARLIAMENTARY    PRACTICE. 

the  second  always  in  pursuance  of  a  vote;  the 
last  is  the  usual  course  where  no  vote  is  taken. 

266.  In  deliberative  assemblies,  whose  sit- 
tings are  of  considerable  length,  as  legisla- 
tive bodies,  it  is  usual  to  provide  by  a  stand- 
ing rule,  that,  unless  otherwise  ordered  in  a 
particular  case,  all  committees  shall  be  named 
by  the  presiding  officer.     Where  this  is  the 
case,  whenever  a  committee  is  ordered,  and 
the  number  settled,  the  presiding  officer  at 
once  names  the    members    to    compose    it. 
Sometimes,  also,  the  rule  fixes  the  number, 
of  which,  unless  otherwise  ordered,  commit- 
tees shall  consist.     This  mode  of  appointing 
a  committee  is  frequently  resorted  to,  where 
there  is  no  rule  on  the  subject. 

267.  When  a  committee  is  ordered  to  be 
appointed  by  ballot,  the  members  are  chosen 
by  the  assembly,  either  singly  or  altogether, 
as  may  be  ordered,  in  the  same  manner  that 
other  elections  are  made ;  and,  in  such  elec- 
tions, as  in  other  cases  of  the  election  of  the 
officers  of  the  assembly,  a  majority  of  all  the 
votes  given  in  is  necessary  to  a  choice. 

268.  When  a  committee  is  directed  to  be  ap- 
pointed by  nomination  and  vote,  the  names 
of  the  members  proposed  are  put  to  the  ques- 


OP    COMMITTEES.  143 

tion  singly,  and  approved  or  rejected  by  the 
assembly,  by  a  vote  taken  in  the  usual  man- 
ner. If  the  nomination  is  directed  to  be 
made  by  the  presiding  officer,  he  may  pro- 
pose the  names  in  the  same  manner,  or  all  at 
once;  the  former  mode  being  the  most  direct 
and  simple;  the  latter  enabling  the  assembly 
to  vote  more  under  standingly  upon  the 
several  names  proposed.  When  the  nomi- 
nation is  directed  to  be  made  at  large,  the 
presiding  officer  calls  upon  the  assembly  to 
nominate,  and  names  being  mentioned  ac- 
cordingly, he  puts  to  vote  the  first  name  he 
hears. 

269.  It  is  also  a  compendious  mode  of  ap- 
pointing a  committee,  to  revive  one  which 
has  already  discharged  itself  by  ti  report;  or 
by  charging  a  committee  appointed  for  one 
purpose  with  some  additional  duty,  of  the 
same  or  a  different  character. 

270.  In  regard  to  the  appointment  of  com- 
mittees, so  far  as  the  selection  of  the  members 
is  concerned,  it  is  a  general  rule  in  legislative 
bodies,  when  a  bill  is  to  be  referred,  that  none 
who  speak  directly  against  the  body  of  it  are 
to  be  of  the  committee,  for  the  reason,  that  he 
who  would  totally  destroy  will  not   amend; 


144  PARLIAMENTARY    PRACTICE. 

but  that,  for  the  opposite  reason,  those  who 
only  take  exceptions  to  some  particulars  in 
the  bill  are  to  be  of  the  committee.  This  rule 
supposes  the  purpose  of  the  commitment  to 
be,  not  the  consideration  of  the  general  merits 
of  the  bill,  but  the  amendment  of  it  in  its 
particular  provisions,  so  as  to  make  it  accept- 
able to  the  assembly. 

271.  This  rule,  of  course,  is  only  for  the 
guidance   of  the  presiding  officer,  and  the 
members,  in  the  exercise  of  their  discretion; 
as  the  assembly  may  refuse  to  excuse  from 
serving,  or  may  itself  appoint,  on  a  commit- 
tee, persons  who  are  opposed  to  the  subject 
referred.     It  is  customary,  however,  in  all 
deliberative  assemblies,  to  constitute  a  com- 
mittee   of    such    persons    (the  mover    and 
seconder  of  a  measure  being  of  course  ap- 
pointed), a  majority  of  whom,  at  least,  are 
favorably  inclined  to  the  measure  proposed.* 

272.  When  a  committee  has  been  appointed, 

*"In  theory,  the  majority  of  the  committee 
should  be  of  the  friends  of  the  measure  referred. 
But  as  a  general  rule  it  will  be  found  that,  which- 
ever political  party  is  in  the  ascendant,  that  party 
has  a  majority  on  the  committee,  as  they  will  then 
be  able  to  control  the  committee's  workings,  etc."— 
ED. 


OF   COMMITTEES.  145 

in  reference  to  a  particular  subject,  it  is  the 
duty  of  the  secretary  of  the  assembly  to  make 
out  a  list  of  the  members,  together  with  a 
certified  copy  of  the  authority  or  instruc- 
tions under  which  they,  are  to  act,  and  to 
give  the  papers  to  the  member  first  named  on 
the  list  of  the  committee,  if  convenient,  but, 
otherwise,  to  any  other  member  of  the  com- 
mittee. 


SECT.  III.     THEIR  ORGANIZATION 
MANNER  OF  PROCEEDING. 

273.  The  person  first  named  on  a  commit- 
mittee  acts  as    its   chairman,    or    presiding 
officer,  so  far  as  relates  to  the  preliminary 
steps  to  be  taken,  and  is  usually  permitted  to 
do  so,  through  the  whole  proceedings;  but 
this  is  a  matter  of  courtesy;  every  committee 
having  a  right  to  elect  its  own  chairman,  who 
presides  over  it,  and  makes  the  report  of  its 
proceedings  to  the  assembly. 

274.  A  committee   is   properly  to  receive 
directions  from  the  assembly,  as  to  the  time 
and  place  of  its  meeting,  and  cannot  regu-. 
larly  sit  at  any  other  time  or  place ;  and  it 


146  PARLIAMENTARY    PRACTICE. 

may  be  ordered  to  sit  immediately,,  whilst  the 
assembly  is  sitting,  and  make  its  report  forth- 
with. 

275.  When  no  directions  are  given,  a  com- 
mittee may  select  its  own  time  and  place  of 
meeting;  but,  without  a  special  order  to  that 
effect,  it  is  not  at  liberty  to  sit  whilst  the 
assembly  sits ;  and,  if  a  committee  is  sitting, 
when  the  assembly  comes  to  order  after  an 
adjournment,  it  is  the  duty  of  the  chairman 
to  rise,  instantly,  on  being  certified  of  it,  and, 
with  the  other  members,  to  attend  the  ser- 
vice of  the  assembly. 

276.  In  regard  to  its  forms  of  proceeding, 
a  committee  is  essentially  a  miniature  assem- 
bly;—it  can  only  act  when  regularly  assem- 
bled together,  as  a  committee,  and  not  by 
separate  consultation    and    consent    of  the 
members ;    nothing  being  the  agreement  or 
report  of  a  committee,  but  what  is  agreed  to 
in  that  manner; — a  vote  taken  in  committee 
is  as  binding  as  a  vote  of  the  assembly ; — a 
majority  of  the  members  is  necessary  to  con- 
stitute a  quorum  for  business,  unless  a  larger 
or  smaller  number  has  been  fixed  by  the  as- 
sembly  itself  ; — and  a    committee    has  full 
power  over  whatever  may  be  committed  to  it, 


OF    COMMITTEES.  147 

except  that  it  is  not  at  liberty  to  change  the 
title  or  subject. 

277.  A  committee,  which  is  under  no  di- 
rections as  to  the  time  and  place  of  meeting, 
may  meet  when  and  where  it  pleases,  and  ad- 
join itself  from  day  to  day,  or  otherwise,  until 
it  has  gone  through  with  the  business  com- 
mitted to  it;  but,  if  it  is  ordered  to  meet  at  a 
particular  time,  and  it  fails  of  doing  so,  for 
any  cause,  the  committee  is  closed,  and  can- 
not act  without  being  newly  directed  to  sit. 

278.  Disorderly  words  spoken  in  a  commit- 
tee must  be  written  down  in  the  same  manner 
as  in  the  assembly  ;   but  the   committee,   as 
such,  can  do  nothing  more  than  report  them 
to  the  assembly  for  its  animadversion;  neither 
can  a  committee  punish  disorderly  conduct 
of  any  other  kind,  but  must  report  it  to  the 
assembly. 

279.  When  any  paper  is  before  a  committee 
whether  select  or  of  the  whole,  it  may  either 
have  originated  with  the  committee,  or  have 
been  referred  to  them  ;  and,  in  either  case, 
when  the  paper  comes  to  be  considered,  the 
course  is  for  it  to  be  first  read  entirely  through, 
by  the  clerk  of  the  committee,  if  there  is  one, 
otherwise  by  the  chairman;  and  then  to  be 


148  PARLIAMENTARY    PRACTICE. 

read  through  again  by  paragraphs  by  the 
chairman,  pausing  at  the  end  of  each  para- 
graph, and  putting  questions  for  amending, 
either  by  striking  out  or  inserting,  if  proposed. 
This  is  the  natural  order  of  proceeding  in 
considering  and  amending  any  paper,  and  is 
to  be  strictly  adhered  to  in  the  assembly; 
but  the  same  strictness  does  not  seem  necessary 
in  a  committee. 

280.  If  the  paper  before   a  committee  is 
one  which  has  originated  with  the  committee, 
questions  are  put  on  amendments  proposed, 
but  not  on  agreeing  to  the  several  paragraphs 
of  which  it  is  composed,  separately,  as  they 
are  gone  through  with;  this  being  reserved 
for  the  close,  when  a  question  is  to  be  put  on 
the    whole,    for    agreeing  to   the   paper,    as 
amended,  orunamended. 

281.  If  the  paper  be  one,  which  has  been 
referred  to  the  committee,  they  proceed  as  in 
the   other   case  to  put  questions  of  amend- 
ment, if  proposed,  but  no  final  question  on 
the  whole;  because  all  the  parts  of  the  paper, 
having  been  passed  upon  if  not  adopted  by 
the  assembly  as  the  basis  of  its  action,  stand, 
of  course,  unless  altered  .or  struck  out  by  a 
vote  of  the  assembly.     Amd  even  if  the  com- 


OF   COMMITTEES.  149 

mitte  are  opposed  to  the  whole  paper,  and  are 
of  opinion,  that  it  cannot  be  made  good  by 
amendments,  they  have  no  authority  to  reject 
it;  they  must  report  it  back  to  the  assembly, 
without  amendments,  (specially  stating  their 
objections,  if  they  think  proper,)  and  there 
make  their  opposition  as  individual  mem- 
bers. * 

282.  In  the  case  of  a  paper  originating  with 
a  committee,  they  may  erase  or  interline  it 
as  much  as  they  please;  though,  when  finally 
agreed  to,  it  ought  to  be  reported  in  a  clear 
draft,  fairly  written,  without  erasure  or  inter- 
lineation. 

283.  But,  in  the  case  of  a  paper  referred  to 
a  committee,  they  are  not  at  liberty  to  erase, 
interline,  blot,  disfigure,  or  tear  it,  in  any 
manner;  but  they  must,  in  a  separate  paper, 
set  down  the  amendments  they  have  agreed 
to  report,  stating  the  words  which  are  to  be 
inserted  or  omitted,  and  the  place  where  the 
amendments  are  to  be  made,  by  references  to 
the  pargraph  or  section,  line,  and  word. 

284.  If  the  amendments  agreed  to  are  very 

*  This  rule  is  not  applicable,  of  course,  to  those 
cases  in  which  the  SUBJECT,  as  well  as  the  FOKM  OR 
DETAILS  of  a  paper,  is  referred  to  the  committee. 


150         •     PARLIAMENTARY    PRACTICE. 

numerous  and  minute,  the  committee  may  re- 
port them  altogether,  in  the  form  of  a  new 
and  amended  draft. 

285.  When  a  committee  has  gone  through 
the  paper,  or  agreed  upon  a  report  on  the 
subject,  which  has  been  referred  to  them,  it 
is  then  moved  by  some  member,  and  there* 
upon  voted,  that  the  committee  rise,  and  that 
the  chairman,  or  some  other  member,  make 
their  report  to  the  assembly. 

SECT.  IV.    THEIR  KEPORT. 

286.  When  the  report  of  a  committee  is  to 
be  made,  the  chairman,  or  member  appointed 
to  make  the  report,  standing  in  his  place,  in- 
forms the  assembly,  that  the  committee,  to 
whom  was  referred  such  a  subject  or  paper, 
have,  according  to  order,  had  the  same  under 
consideration,  and  have  directed  him  to  make 
a  report  thereon,  or  to  report  the  same  with 
sundry  amendments,  or  without  amendment, 
as  the  case  may  be,  which  he  is  ready  to  do, 
when  the  assembly  shall  please  ;  and  he  or  any 
other  member  may  then  move  that  the  report 
be  now  received.    On  this  motion  being  made, 
the   question   is  put  whether  the  assembly 
will  receive  the  report  at  that  time ;   and  a 


OF   COMMITTEES.  151 

vote  passes,  accordingly,  either  to  receive  it 
then,  or  fixing  upon  some  future  time  for  its 
reception. 

287.  At  the  time,  when,  by  the  order  of 
the  assembly,  the  report  is  to  be  received,  the 
chairman  reads  it  in  his  place,  and  then  de- 
livers it,  together  with  all  the  papers,  connect- 
ed with  it,  to  the  clerk  at  the  table  ;  where  it 
is  again  read,  and  then  lies  on  the  table,  until 
the  time  assigned,  or  until  it  suits  the  conveni- 
ence of  the  assembly,  to  take  it  up  for  con- 
sideration. 

288.  If  the  report  of  the  committee  is  of  a 
paper  with  amendments,  the  chairman  reads 
the  amendments  with  the  coherence  in  the 
paper,  whatever  it  may  be,  and  opens  the  al- 
terations, and  the  reasons  of  the  committee 
for  the  amendments,  until  he  has  gone  through 
the  whole  ;  and,  when  the  report  is  read  at 
the  clerk's  table,  the  amendments  only  are 
read  without  the  coherence. 

289.  In  practice,  however,  the  formality  of 
a  motion  and  vote  on  the  reception  of  a  report 
is  usually  dispensed  with  ;  though,  if  any  ob- 
jection is  made,  or  if  the  presiding  officer  sees 
any  informality  in  the  report,  he  should  de- 
cline receiving  it  without  a  motion  and  vote ; 


152  PARLIAMENT ABY   PBACTICE. 

and  a  report,  if  of  any  considerable  length,  is 
seldom  read,  either  by  the  chairman  in  his 
place,  or  by  the  clerk  at  the  table,  nntil  it  is 
taken  up  for  consideration.  In  legislative 
assemblies,  the  printing  of  reports  generally 
renders  the  reading  of  them  unnecessary. 

290.  The  report  of  a  committee  being  made 
and  received,  the  committee  is  dissolved,  and 
can  act  no  more  without  a  new  power  ;    but 
their  authority  may  be  revived  by  a  vote,  and 
the  same  matter  recommitted  to  them.     If  a 
report,  when  offered  to  the  assembly,  is  not 
received,  the   committee  is  not  thereby  dis- 
charged, but  may  be  ordered  to  sit  again,  and 
a  time  and  place  appointed  accordingly. 

291.  When  a  subject  or  paper  has  been 
once  committed,  and  a  report  made  upon  it, 
it  may  be  recommitted  either  to  the  same  or 
a  different  committee ;  and  if  a  report  is  re- 
committed, before  it  has  been  agreed  to  by 
the  assembly,  what  has  heretofore  passed  in 
the  committee  is  of  no  validity ;    the  whole 
question  being  again  before  the  committee,  as 
if  nothing  had  passed  there  in  relation  to  it. 

292.  The   report   of  a   committee   maybe 
made  in  three  different  forms,  namely  :  first, 
it  may  contain  merely  a  statement  of  facts, 


OF    COMMITTEES.  153 

reasoning,  or  opinion,  in  relation  to  the  sub- 
ject of  it,  without  any  specific  conclusion  ;  or, 
second,  a  statement  of  facts,  reasoning,  or 
opinion,  concluding  with  a  resolution,  or 
series  of  resolutions,  or  some  other  specific 
proposition  ;  or,  third,  it  may  consist  merely 
of  such  resolutions,  or  propositions,  without 
any  introductory  part. 

293.  The  first  question,  on  a  report,  is,  in 
strictness,  on  receiving  it ;  though  in  prac- 
tice, this  question  is  seldom  or  never  made  ; 
the  consent  of    the   assembly,  especially  in 
respect  to  the  report  of  a  committee  of  the 
whole,  being  generally  presumed,  unless  ob- 
jection is  made.     When  a  report  is  received, 
whether  by  general  consent,  or  upon  a  ques- 
tion and  vote,  the  committee  is  discharged, 
and  the  report  becomes  the  basis  of  the  future 
proceedings  of  the  assembly,  on  the  subject 
to  which  it  relates. 

294.  At  the  time  assigned  for  the  consid- 
eration of  a  report,  it  may  be  treated  and  dis- 
posed of  precisely  like  any  other  proposition 
(59  to  77);  and  maybe  amended,  in  the  same 
manner  (78  to  133),  both  in  the  preliminary 
statement,   reasoning,  or  opinion,  if  it  con- 
tain any,   and   in  the   resolutions,   or  other 


154  PARLIAMENTARY    PRACTICE. 

propositions  with  which  it  concludes ;  so  if 
it  consist  merely  of  a  statement,  etc.  without 
resolutions,  or  of  resolutions,  etc.,  without 
any  introductory  part. 

295.  The  final  question  on  a  report,  what- 
ever form  it  may  have,  is  usually  stated  on 
its    acceptance ;    and,    when    accepted,    the 
whole  report  is  adopted  by  the  assembly,  and 
becomes  the  statement,  reasoning,  opinion, 
resolution,  or  other  act,  as  the  case  may  be, 
of  the  assembly  ;  the  doings  of  a  committee, 
when  agreed  to,  adopted,  or  accepted,  becom- 
ing the   acts  of  the  assembly,  in  the  same 
manner  as  if  done  originally  by  the  assem- 
bly itself,  without  the  intervention  of  a  com- 
mittee. 

296.  It  would  be  better,  however,  and  in 
stricter  accordance  with  parliamentary  rules, 
to  state  the  final  question  on  a  report,  accord- 
ing to  the  form  of  it.     If  the  report  contain 
merely  a  statement  of    facts,  reasoning,  or 
opinion,  the   question  should  be  on  accept- 
ance; if  it  also  conclude  with  resolutions,  or 
other  specific  propositions,  of  any  kind, — the 
introductory  part  being  consequently  merged 
in  the  conclusion, — the  question  should  be  on 
agreeing  to  the  resolutions,  or  on  adopting 


OF   COMMITTEES.  155 

the  order,  or  other  proposition,  or  on  passing 
or  coming  to  the  vote,  recommended  by  the 
committee  ;  and  the  same  should  be  the  form 
of  the  question  when  the  report  consists 
merely  of  resolutions,  etc.,  without  any  in- 
troductory part. 

SECT.  V.   COMMITTEE  OF  THE  WHOLE. 

297.  When  a  subject  has  been  ordered  to 
be  referred  to  a  committee  of  the  whole,  the 
form  of  going  from  the  assembly  into  com- 
mittee, is,  for  the  presiding  officer,  at  the 
time  appointed  for  the  committee  to  sit,  on 
motion  made  and  seconded  for  the  purpose, 
to  put  the  question  that  the  assembly  do  now 
resolve  itself  into  a  committee  of  the  whole, 
to  take  under  consideration  such  a  matter, 
naming  it.  If  this  question  is  determined  in 
the  affirmative,  the  result  is  declared  by  the 
presiding  officer,  who,  naming  some  member 
to  act  as  chairman  of  the  committee,  then 
leaves  the  chair,  and  takes  a  seat  elsewhere, 
like  any  other  member ;  and  the  person  ap- 
pointed chairman  seats  himself  (not  in  the 
chair  of  the  assembly  but)  at  the  clerk's  table.* 

*  Jefferson  says  he  will  sit  at  the  clerk's  table. 
Mell  says,  "  The  chairman  thus  designated  will 
take  the  President's  chair." — Ed. 


156  PARLIAMENTARY    PRACTICE. 

298.  The  chairman  named  by  the  presid- 
ing officer  is  generally  acquiesced  in  by  the 
committee;  though,  like  all  other  commit- 
tees, a  committee  of  the  whole  have  a  right 
to   elect   a    chairman  for  themselves,  some 
member,  by   general   consent,  putting    the 
question. 

299.  The  same  number  of  members  is  nec- 
essary to  constitute  a  quorum  of  a  committee 
of  the  whole,  as  of  the  assembly ;  and  if  the 
members  present  fall  below  a  quorum,  at  any 
time,  in  the   course  of  the  proceedings,  the 
chairman,  on  a  motion  and  question,  rises, — 
the  presiding  officer  thereupon  resumes  the 
chair, — and  the  chairman  informs  the  assem- 
bly (he  can  make  no  other  report)   of  the 
cause  of  the  dissolution  of  the  committee. 

300.  When  the  assembly  is  in  committee 
of  the  whole,  it  is  the  duty  of  the  presiding 
officer  to  remain  in  the  assembly-room,  in 
order  to  be  at  hand  to  resume  the  chair,  in 
case  the  committee  should  be  broken  up  by 
some  disorder,  or  for  want  of  a  quorum,  or 
should  rise,  either  to  report  progress,  or  to 
make  their  final  report  upon  the  matter  com- 
mitted to  them. 

301.  The  clerk  of  the  assembly  does  not 


OF    COMMITTEES.  157 

act  as  clerk  of  the  committee  (this  is  the 
duty  of  the  assistant  clerk  in  legislative  bod- 
ies) ,  or  record  in  his  journal  any  of  the  pro- 
ceedings or  votes  of  the  committee,  but  only 
their  report  as  made  to  the  assembly. 

302.  The  proceedings   in  a  committee   of 
the  whole,  though,  in  general,  similar  to  those 
in  the  assembly  itself,  and  in  other  commit- 
tees, are  yet  different  in  some  respects,  the 
principal  of  which  are  the  following  : — 

303.  First.  The  previous  question  cannot 
be  moved  in  a  committee  of  the  whole.     The 
only  means  of  avoiding  an  improper  discus- 
sion is,  to  move  that  the  committee  rise;  and, 
if  it  is  apprehended,  that  the  same  discussion 
will  be  attempted  on  returning  again  into  com- 
mittee, the  assembly  can  discharge  the  com- 
mittee, and  proceed  itself  with  the  business, 
keeping   down   any  improper   discussion  by 
means  of  the  previous  question.  * 

304.  Second.    A    committee  of  the  whole 
cannot   adjourn,   like  other   committees,    to 
some  other  time  or  place,  for  the  purpose  of 

*  If  the  object  be  to  stop  debate,  that  can  only  be 
effected,  in  the  same  manner,  unless  there  is  a  spec- 
ial rule,  as  to  the  time  of  speaking,  or  to  taking  a 
subject  out  of  committee. 


158  PARLIAMENTARY   PRACTICE. 

going  on  with  and  completing  the  considera- 
tion-of  the  subject  referred  to  them;  but  if 
their  business  is  unfinished,  at  the  usual  time 
for  the  assembly  to  adjourn,,  or,  for  any  other 
reason,  they  wish  to  proceed  no  further  at  a 
particular  time,  the  form  of  proceeding  is,  for 
some  member  to  move  that  the  committee 
rise, — report  progress, — and  ask  leave  to  sit 
again ;  and,  if  this  motion  prevails,  the  chair- 
man rises, — the  presiding  officer  resumes  the 
chair  of  the  assembly, — and  the  chairman  of 
the  committee  informs  him  that  the  commit- 
tee of  the  whole  have,  according  to  order, 
had  under  their  consideration  such  a  matter, 
and  have  made  some  progress  therein;*  but, 
not  having  had  time  to  go  through  with  the 
same,  have  directed  him  to  ask  leave  for  the 
committee  to  sit  again.  The  presiding  officer 
thereupon  puts  a  question  on  giving  the  com- 
mittee leave  to  sit  again,  and  also  on  the  time 
when  the  assembly  will  again  resolve  itself 
into  a  committee.  If  leave  to  sit  again  is  not 
granted,  the  committee  is  of  course  dissolved. 
305.  Third.  In  a  committee  of  the  whole, 
every  member  may  speak  as  often  as  he 

*  If  it  is  a  second  time,  the  expression  is,  "  some 
further  progress,"  etc. 


OP    COMMITTEES.       .  159 

pleases,  provided  he  could  obtain  the  floor; 
whereas  in  the  assembly  itself,  no  member 
can  speak  more  than  once. 

306.  Fourth.    A  committee  of  the  whole 
cannot  refer  any  matter  to  another  committee; 
but  other  committees  may  and  do  frequently 
exercise   their  functions,  and  expedite  their 
business  by  means  of  sub-committees  of  their 
own  members. 

307.  Fifth.  In  a  committee  of  the  whole, 
the  presiding  officer  of  the  assembly  has  a 
right  to  take  a  part  in  the  debate  and  pro- 
ceedings, in  the  same  manner  as  any  other 
member. 

308.  Sixth.  A  committee  of  the  whole,  like 
a  select  committee,  has  no  authority  to  punish 
a  breach  of  order  whether  of  a  member,  or 
stranger  ;  but  can  only  rise  and  report  the 
matter  to  the  assembly,  who  may  proceed  to 
punish  the  offender.     Disorderly  words  must 
be  written  down  in  committee,  in  the  same 
manner  as  in  the  assembly,  and  reported  to 
the  assembly  for  their  animadversion. 

309.  The  foregoing  are  the  principal  points 
of  difference  between  proceedings  in  the  as- 
sembly and  in  committees  of  the  whole;  in 
most  other  respects  they  are  precisely  similar. 


160  PARLIAMENTARY   PRACTICE. 

It  is  sometimes  said,  that  in  a  committee  of 
the  whole,  it  is  not  necessary  that  a  motion 
should  be  seconded.  There  is  no  foundation, 
however,  either  in  reason  or  parliamentary 
usage,  for  this  opinion. 

310.  When  a  committee  of  the  whole  have 
gone   through   with  the   matter  referred  to 
them,  a  member  moves  that  the  committee 
rise,  and  that  the  chairman   (or  some  other 
member)  report  their  proceedings  to  the  as- 
sembly; which  being  resolved,  the  chairman 
rises  and  goes  to  his  place, — the  presiding  of- 
ficer resumes  the  chair  of  the  assembly, — and 
the  chairman  informs  him,  that  the  committee 
have  gone  through  with  the  business  referred 
to  them,  and  that  he  is  ready  to  make  their 
report,  when  the  assembly,  shall  think  proper 
to   receive   it.     The  time   for   receiving  the 
report  is  then  agreed  upon;  and,  at  the  time 
appointed,  it  is  made  and  received  in  the  same 
manner  as  that  of  any  other  committee  (286). 

311.  It  sometimes  happens,   that  the  for- 
mality of  a  motion  and  question  as  to  the  time 
of  receiving  a  report  is  dispensed  with.     If 
the  assembly  are  ready  to  receive  it,  at  the 
time,  they  cry  out,  "now,  now,"  whereupon 
the   chairman  proceeds ;   if  not  then  ready, 


CONCLUDING   REMARKS.  161 

some  other  time  is  mentioned,  as  "  to-mor- 
row," or  "  Monday/'  and  that  time  is  fixed 
by  general  consent.  But,  when  it  is  not  the 
general  sense  of  the  assembly  to  receive  the 
report  at  the  time,  it  is  better  to  agree  upon 
and  fix  the  time  by  a  motion  and  question.  * 


CONCLUDING  REMARKS. 

312.  In  bringing  this  treatise  to  a  close,  it 
will  not  be  deemed  out  of  place,  to  make  a 
suggestion  or  two  for  the   benefit   of  those 
persons,  who  may  be  called  upon  to  act  as 
presiding  officers,  for  the  first  time. 

313.  One  of  the  most  essential  parts  of  the 
duty  of  a  presiding  officer  is,  to  give  the 
closest  attention   to   the  proceedings  of  the 
assembly,  and,  especially,  to  what  is  said  by 
every  member   who    speaks.      Without    the 
first,    confusion   will  be  almost    certain    to 
occur  ;  wasting  the  time,  perhaps  disturbing 

*  "  Amendments  proposed  by  the  committee  may 
be  amended  or  rejected  by  the  assembly,  and  mat- 
ters stricken  out  by  the  committee  may  be  restored 
by  the  assembly.'' — ED. 


162  PARLIAMENT AEY   PRACTICE. 

the  harmony,  of  the  assembly.  The  latter  is 
not  merely  a  decent  manifestation  of  respect 
for  those  who  have  elevated  him  to  an  honor- 
able station  ;  but  it  tends  greatly  to  encour- 
age timid  or  diffident  members,  and  to  secure 
them  a  patient  and  attentive  hearing  ;  and  it 
often  enables  the  presiding  officer,  by  a  timely 
interference,  to  check  offensive  language,  in 
season  to  prevent  scenes  of  tumult  and  dis- 
order, such  as  have  sometimes  disgraced  our 
legislative  halls. 

314.  It  should  be  constantly  kept  in  mind 
by  a  presiding  officer,  that,  in  a  deliberative 
assembly,  there  can  regularly  be  but  one 
thing  done  or  doing,  at  the  same  time.  This 
caution  he  will  find  particularly  useful  to 
him,  whenever  a  quarrel  arises  between  two 
members,  in  consequence  of  words  spoken  in 
debate.  In  such  a  case,  he  will  do  well  to 
require  that  the  regular  course  of  proceeding 
shall  be  strictly  pursued  ;  and  will  take  care 
to  restrain  members  from  interfering  in  any 
other  manner.  In  general,  the  solemnity 
and  deliberation,  with  which  this  mode  is 
attended,  will  do  much  to  allay  heat  and 
excitement,  and  to  restore  harmony  and  order 
to  the  assembly. 


CONCLUDING    REMARKS.  163 

315.  A  presiding  officer  will  often  find  him- 
self embarrassed,,  by  the  difficulty,  as  well  as 
the  delicacy,  of  deciding  points  of  order,  or 
giving  directions  as  to  the  manner  of  pro- 
ceeding. In  such  cases,  it  will  be  useful  for 
him  to  recollect,  that — 

THE  GREAT  PURPOSE  OF  ALL  RULES  AND 
FORMS,  IS  TO  SUBSERVE  THE  WILL  OF  THE 
ASSEMBLY  RATHER  THAN  TO  RESTRAIN  IT; 
TO  FACILITATE,  AND  NOT  TO  OBSTRUCT,  THE 
EXPRESSION  OF  THEIR  DELIBERATE  SENSE. 


CONSTITUTION  OF  THE  UNITED  STATES. 


PREAMBLE. 

WE,  the  People  of  the  United  States,  in  order  to 
form  a  more  perfect  union,  establish  justice,  insure 
domestic  tranquillity,  provide  for  the  common  de- 
fence, promote  the  general  welfare,  and  secure  the 
blessings  of  liberty  to  ourselves  and  our  posterity, 
do  ordain  and  establish  this  Constitution  for  the 
United  States  of  America. 

ARTICLE  I. 

THE  LEGISLATIVE  DEPARTMENT. 

SECTION  I. — All  legislative  powers  herein  granted 
shall  be  vested  in  a  Congress  of  the  United  States, 
which  shall  consist  of  a  Senate  and  House  of  Repre- 
sentatives. 

SECTION  II. — 1.  The  House  of  Representatives 
shall  be  composed  of  members  chosen  every  second 
year  by  the  people  of  the  several  States;  and  the 
electors  in  each  State  shall  have  the  qualifications 
requisite  for  electors  of  the  most  numerous  branch 
of  the  State  legislature. 

2.  No  person  shall  be  a  representative  who  shall 
not  have  attained  to  the  age  of  twenty-five  years, 


168    CONSTITUTION    OF   THE    UNITED    STATES. 

and  been  seven  years  a  citizen  of  the  United  States, 
and  who  shall  not,  when  elected,  be  an  inhabitant  of 
that  State  in  which  he  shall  be  chosen. 

3.  Representatives  and  direct  taxes  shall  be  appor- 
tioned among  the  several  States  which  may  be  in- 
cluded within  this  Union,  according  to  their  respec- 
tive numbers,  which  shall  be  determined  by  adding 
to  the  whole  number  of  free  persons,  including  those 
bound  to  service  for  a  term  of  years,  and  excluding 
Indians  not  taxed,  three  fifths  of  all  other  persons. 
The  actual  enumeration  shall  be  made  within  three 
years  after  the  first  meeting  of  the  Congress  of  the 
United  States,  and  within  every  subsequent  term  of 
ten  years,  in  such  manner  as  they  shall  by  law 
direct.      The   number  of  representatives  shall  not 
exceed  one  for   every  thirty    thousand,    but   each 
State  shall  have  at  least  one   representative;  and 
until  such  enumeration  shall  be  made,  the  State  of 
New  Hampshire  shall   be  entitled  to  choose  three; 
Massachusetts,  eight;  Rhode  Island  and  Providence 
Plantations,  one;  Connecticut,  five;  New  York,  six; 
New  Jersey,  four;   Pennsylvania,  eight;  Delaware, 
one;  Maryland,  six;  Virginia,  ten;   North  Carolina, 
five;  South  Carolina,  five;  and  Georgia,  three. 

4.  When  vacancies  happen  in  the  representation 
from  any  State,  the  executive  authority  thereof  shall 
issue  writs  of  election  to  fill  such  vacancies. 

5.  The  House  of  Representatives  shall  choose  their 
Speaker  and  other  officers,  and  shall  have  the  sole 
power  of  impeachment. 

SECTION  III. — 1.  The  Senate  of  the  United  States 
shall  be  composed  of  two  Senators  from  each  State, 


CONSTITUTION    OF    THE    UNITED    STATES.    167 

chosen  by  the  legislature  thereof  for  six  years;  and 
each  Senator  shall  have  one  vote. 

2.  Immediately  after  they  shall  be  assembled  in 
consequence  of  the  first  election,  they  shall  be  di- 
vided as  equally  as  may  be  into  three  classes.     The 
seats  of  the  Senators  of  the  first  class  shall  be  vacated 
at  the  expiration  of  the  second  year,  of  the  second 
class  at  the  expiration  of  the  fourth  year,  and  of  the 
third  class  at  the  expiration  of  the  sixth  year,  so 
that  one  third  may  be  choose n  ever}r  second  year; 
and  if  vacancies  happen,  by  resignation  or  otherwise, 
during  the  recess  of  the  legislature  of  any  State,  the 
executive  thereof  may  make  temporary  appointments 
until  the  next  meeting  of  the  legislature,  which  shall 
then  fill  such  vacancies. 

3.  No  person  shall  be  a  Senator  who  shall  not  have 
attained  to  the  age  of  thirty  years,  and  been  nine 
years  a  citizen  of  the  United  States,  and  who  shall 
not,  when  elected,  be  an  inhabitant  of  that  State  for 
which  he  shall  be  chosen. 

4.  The  Vice-President  of  the  United  States  shall  be 
President  of  the  Senate,  but  shall  have  no  vote  unless 
they  be  equally  divided. 

5.  The^enate  shall  choose  their  other  officers,  and 
also  a  President  pro  tempore  in  the  absence  of  the 
Vice-President,  or  when  he  shall  exercise  the  office 
of  President  of  the  United  States. 

6.  The  Senate  shall  have  the  sole  power  to  try  all 
impeachments.     When  sitting  for  that  purpose,  they 
shall  be  on  oath  or  affirmation.     When  the  President 
of  the  United  States  is  tried,  the  Chief  Justice  shall 
preside:  and  no  person  shall  be  convicted  without 


168    CONSTITUTION    OF    THE    UNITED    STATES. 

the  concurrence  of  two  thirds  of  the  members 
present. 

7.  Judgment  in  cases  of  impeachment  shall  not 
extend  further  than  to  removal  from  office,  and  dis- 
qualification to  hold  and  enjoy  any  office  of  honor, 
trust,  or  profit  under  the  United  States;  but  the  party 
convicted  shall  nevertheless  be  liable  and  subject  to 
indictment,  trial,  judgment,  and  punishment,  accord- 
ing to  law. 

SECTION  IV.—  1.  The  times,  places,  and  manner  of 
holding  elections  for  Senators  and  Representatives 
shall  be  prescribed  in  each  State  by  the  legislature 
thereof;  but  the  Congress  may  at  any  time,  b}^  law, 
make  or  alter  such  regulations,  except  as  to  the 
places  of  choosing  Senators. 

2.  The  Congress  shall  assemble  at  least  once  in 
every  year;  and  such  meeting  shall  be  on  the  first 
Monday  in  December,  unless  they  shall  by  law  ap- 
point a  different  day. 

SECTION  V. — 1.  Each  house  shall  be  the  judge  of 
the  elections,  returns,  and  qualifications  of  its  own 
members,  and  a  majority  of  each  shall  constitute  a 
quorum  to  do  business;  but  a  smaller  number  may 
adjourn  from  day  to  day,  and  may  be  authorized  to 
compel  the  attendance  of  absent  members,  in  such 
manner  and  under  such  penalties  as  each  house  may 
provide. 

2.  Each  house  may  determine  the  rules  of  its  pro- 
ceedings, punish  its  members  for  disorderly  behavior, 
and  with  the  concurrence  of  two  thirds,  expel  a 
member. 

3.  Each  house  shall  keep  a  journal  of  its  proceed- 


CONSTITUTION    OF    THE    UNITED    STATES.    169 

ings,  and  from  time  to  time  publish  the  same,  except 
ing  such  parts  as  may  in  their  judgment  require 
secrecy;  and  the  yeas  and  nays  of  the  members  of 
either  house  on  any  question  shall,  at  the  desire  of 
one  fifth  of  those  present,  be  entered  on  the  journal. 

4.  Neither  house,  during  the  session  of  Congress, 
shall,  without  the  consent  of  the  other,  adjourn  for 
more  than  three  days,  nor  to  an}'  other  place  than 
that  in  which  the  two  houses  shall  be  sitting. 

SECTION  VI. — 1.  The  Senators  and  Representatives 
shall  receive  a  compensation  for  their  services,  to  be 
ascertained  by  law,  and  paid  out  of  the  treasury  of 
the  United  States.  They  shall,  in  all  cases,  except 
treason,  felony,  and  breach  of  the  peace,  be  privi- 
leged from  arrest  during  their  attendance  at  the 
session  of  their  respective  houses,  and  in  going  to 
and  returning  from  the  same;  and  for  any  speech  or 
debate  in  either  house  they  shall  not  be  questioned 
in  any  other  place. 

2.  No  Senator  or  Representative  shall,  during  the 
time  for  which  he  was  elected,  be  appointed  to  any 
civil  office  under  the  authority  of  the  United  States, 
which  shall  have  been  created,  or  the  emoluments 
whereof  shall  have  been  increased,  during  such  time; 
and  no  person  holding  any  office  under  the  United 
States  shall  be  a  member  of  either  house  during  his 
continuance  in  office. 

SECTION  VII. — 1.  All  bills  for  raising  revenue 
shall  originate  in  the  House  of  Representatives;  but 
the  Senate  may  propose  or  concur  with  amendments, 
as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  the  House 


170    CONSTITUTION    OF    THE    UNITED    STATES. 

of  Representatives  and  the  Senate,  shall,  before  it 
become  a  law,  be  presented  to  the  President  of  the 
United  States;  if  he  approve,  he  shall  sign  it;  but  if 
not,  he  shall  return  it,  with  his  objections,  to  that 
house  in  which  it  shall  have  originated;  who  shall 
enter  the  objections  at  large  on  their  journal,  and 
proceed  to  reconsider  it.  If  after  such  reconsidera- 
tion, two  thirds  of  that  house  shall  agree  to  pass  the 
bill,  it  shall  be  sent,  together  with  the  objections,  to 
the  other  house,  by  which  it  shall  likewise  be  recon- 
sidered; and  if  approved  by  two  thirds  of  that  house, 
it  shall  become  a  law.  But  in  all  such  cases  the 
votes  of  both  houses  shall  be  determined  by  yeas 
and  nays,  and  the  names  of  the  persons  voting  for 
and  against  the  bill  shall  be  entered  on  the  journal  of 
each  house  respectively.  If  any  bill  shall  not  be  re- 
turned by  the  President  within  ten  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him, 
the  same  shall  be  a  law  in  like  manner  as  if  he  had 
signed  it,  unless  the  Congress  by  their  adjournment 
prevent  its  return,  in  which  case  it  shall  not  be  a 
law. 

3.  Every  order,  resolution,  or  vote,  to  which  the 
concurrence  of  the  Senate  and  House  of  Representa- 
tives may  be  necessary  (except  on  a  question  of  ad- 
journment), shall  be  presented  to  the  President  of 
the  United  States;  and  before  the  same  shall  take 
effect,*  shall  be  approved  by  him;  or  being  disap- 
proved by  him,  shall  be  re-passed  by  two  thirds  of 
the  Senate  and  House  of  Representatives,  according 
to  the  rules  and  limitations  prescribed  in  the  case  of 
a  bill. 


CONSTITUTION    OF   THE    UNITED    STATES.    171 

SECTION  VIII. — The  Congress  shall  have  power — 

1.  To  lay  and  collect  taxes,  duties,  imposts,  and 
excises;  to  pay  the  debts,  aud  provide  for  the  com- 
mon  defence  and  general   welfare   of   the  United 
States;  but  all  duties,  imposts,  and  excises  shall  be 
uniform  throughout  the  United  States: 

2.  To  borrow  money  on  the  credit  of  the  United 
States. 

3.  To  regulate  commerce  with  foreign  nations,  and 
among  the  several  States,  and  with  the  Indian  tribes: 

4.  To  establish  a  uniform  rule  of  naturalization, 
and  uniform  laws  on  the  subject  of  bankruptcies 
throughout  the  United  States: 

5.  To  coin  money,  regulate  the  value  thereof  and 
of  foreign  coin,  and  to  fix  the  standard  of  weights 
and  measures: 

6.  To  provide  for  the  punishment  of  counterfeit- 
ing the  securities  and  current  coin  of  the  United 
States: 

7.  To  establish  post-offices  and  post-roads: 

8.  To  promote  the  progress  of  science  and  useful 
arts,  by  securing  for  limited  times,  to  authors  and 
inventors,  the  exclusive  right  to  their  respective  writ- 
ings and  discoveries: 

9.  To  constitute  tribunals  inferior  to  the  Supreme 
Court : 

10.  To  define  and  punish  piracies  and  felonies  com- 
mitted on  the  high  seas,  and  offences  against  the  law 
of  nations: 

11.  To  declare  war,  grant  letters  of  marque  and 
reprisal,  and  make  rules  concerning  captures  on  laud 
•and  water: 


172    CONSTITUTION    OF    THE    UNITED    STATES. 

12.  To  raise  and  support  armies;  but  no  appropria- 
tion of  money  to  that  use  shall  be  for  a  longer  term 
than  two  years: 

13.  To  provide  and  maintain  a  navy: 

14.  To  make  rules  for  the  government  and  regula- 
tion of  the  laud  and  naval  forces: 

15.  To  provide  for  calling  forth  the  militia  to  exe- 
cute the  laws  of  the  Union,  suppress  insurrections, 
and  repel  invasions: 

16.  To  provide  for  organizing,  arming,  and  discip- 
lining the  militia,  and  for  governing  such  parts  of 
them  as  may  be  employed  in  the   service  of  the 
United  States;   reserving  to  the  States  respectively 
the  appointment  of  the  officers  and  the  authority  of 
training  the  militia  according  to  the  discipline  pre- 
scribed by  Congress. 

17.  To  exercise  exclusive  legislation  in  all  cases 
whatsoever,  over  such  district  (not  exceeding  ten 
miles  square)  as  may,  by  cession  of  particular  States, 
and  the  acceptance  of  Congress,  become  the  seat  of 
government  of  the  United  States;  and  to  exercise  like 
authority  over  all  places  purchased  by  the  consent  of 
the  legislature  of  the  State  in  which  the  same  shall 
be,  for  the  erection  of  forts,   magazines,  arsenals, 
dockyards,  and  other  needful  buildings: — and 

18.  To  make  all  laws  which  shall  be  necessary  and 
proper  for  carrying  into  execution  the   foregoing 
powers,  aad  all  other  powers  vested  by  this  Constitu- 
tion in  the  government  of  the  United  States,  or  in 
any  department  or  officer  thereof. 

SECTION  IX. — 1.  The  immigration  or  importation 
of  such  persons  as  any  of  the  States  now  "existing 


CONSTITUTION    OF    THE    UNITED    STATES.    173 

shall  think  proper  to  admit,  shall  not  be  prohibited 
by  the  Congress  prior  to  the  year  one  thousand  eight 
hundred  and  eight;  but  a  tax  or  duty  may  be  im- 
posed on  such  importation  not  exceeding  ten  dollars 
for  each  person. 

2.  The  privilege  of  the  writ  of  habeas  corpus  shall 
not  be  suspended,  unless  when,  in  cases  of  rebellion 
or  invasion,  the  public  safety  may  require  it. 

3.  No  bill  of  attainder  or  ex  post  facto  law  shall  be 
passed. 

4.  No  capitation  or  other  direct  tax  shall  be  laid, 
unless  in  proportion  to  the  census  or  enumeration 
hereinbefore  directed  to  be  taken. 

5.  No  tax  or  duty  shall  be  laid  on  articles  exported 
from  any  State.     No  preference  shall  be  given  by 
any  regulation  of  commerce  or  revenue  to  the  ports 
of  one  State  over  those  of  another:   nor  shall  vessels 
bound  to  or  from  one  State  be  obliged  to  enter,  clear, 
or  pay  duties  in  another. 

6.  No  money  shall  be  drawn  from  the  treasury,  but 
in  consequence  of  appropriations  made  by  law ;   and 
a  regular  statement  and  account  of  the  receipts  and 
expenditures  of  all  public  money  shall  be  published 
from  time  to  time. 

7.  No  title  of  nobility  shall  be  granted  by  the 
United  States:   and  no  person  holding  any  office  of 
profit  or  trust  under  them,  shall,  without  the  consent 
of   Congress,    accept   of    any  present,    emolument, 
office,  or  title,  of  any  kind  whatever,  from  any  king, 
prince,  or  foreign  state. 

SECTION  X.— 1.    No  State   shall  enter  into  any 
treaty,  alliance,  or  confederation;   grant  letters  of 


174    CONSTITUTION    OF    THE    UNITED    STATES. 

marque  and  reprisal;  coin  money;  emit  bills  of 
credit;  make  anything  but  gold  and  silver  coin  a 
tender  in  payment  of  debts;  pass  any  bill  of  attain- 
der, ex  post  facto  law,  or  law  impairing  the  obligation 
of  contracts;  or  grant  any  title  of  nobility. 

2.  No  State  shall,  without  the  consent  of  Congress, 
lay  any  imposts  or  duties  on  imports  or  exports,  ex- 
cept what  may  be  absolutely  necessary  for  executing 
its  inspection  laws:  and  the  net  produce  of  all  duties 
and  imposts  laid  by  any  State  on  imports  or  exports, 
shall  be  for  the  use  of  the  treasury  of  the  United 
States,  and  all  such  laws  shall  be  subject  to  the  revi- 
sion and  control  of  Congress. 

3,  No  State  shall,  without  the  consent  of  Congress, 
lay  any  duty  on  tonnage,  keep  troops  or  ships  of  war 
in  time  of  peace,  enter  into  any  agreement  or  com- 
pact with  another  State,  or  with  a  foreign  power,  or 
engage  in  war,  unless  actually  invaded,  or  in  such 
imminent  danger  as  will  not  admit  of  delay. 

ARTICLE  II. 

THE  EXECUTIVE   DEPARTMENT. 

• 

SECTION  I. — 1.  The  executive  power  shall  be  vested 
in  a  President  of  the  United  States  of  America.  He 
shall  hold  his  office  during  the  term  of  four  years; 
and,  together  with  the  Vice-President,  chosen  f  .^r  the 
same  term,  be  elected  as  follows: 

2.  Each  State  shall  appoint,  in  such  manner  as  the 
legislature  thereof  may  direct,  a  number  of  electors 
equal  to  the  whole  number  of  Senators  and  Repre- 
sentatives to  which  the  State  may  be  entitled  in  Con- 


CONSTITUTION    OF    THE    UNITED    STATES.    175 

gress:  but  no  Senator  or  Representative,  or  person 
holding  an  office  of  trust  or  profit  under  the  United 
States,  shall  be  appointed  an  elector. 

3.  The  electors  shall  meet  in  their  respective  States, 
and  vote  by  ballot  for  two  persons,  of  whom  one  at 
least  shall  not  be  an  inhabitant  of  the  same  State 
with  themselves.  And  they  shall  make  a  list  of  all 
the  persons  voted  for,  and  of  the  number  of  votes  for 
each;  which  list  they  shall  sign  and  certify,  and 
transmit  sealed  to  the  seat  of  the  government  of  the 
United  States,  directed  to  the  President  of  the  Senate. 
The  President  of  the  Senate  shall,  in  the  presence  of 
the  Senate  and  House  of  Representatives,  open  all 
the  certificates,  and  the  votes  shall  then  be  counted. 
The  person  having  the  greatest  number  of  votes  shall 
be  President,  if  such  number  be  a  majority  of  the 
whole  number  of  electors  appointed;  and  if  there  be 
more  than  one  who  have  such  a  majority,  and  have 
an  equal  number  of  votes,  then  the  House  of  Repre- 
sentatives shall  immediately  choose,  by  ballot,  one  of 
them  for  President;  and  if  no  person  have  a  majority, 
then,  from  the  five  highest  on  the  list,  the  said  House 
shall,  in  like  manner,  choose  a  President.  But  in 
choosing  the  President,  the  votes  shall  be  taken  by 
States,  the  representation  from  each  State  having 
one  vote:  a  quorum  for  this  purpose  shall  consist  of 
a  member  or  members  from  two  thirds  of  the  States, 
and  a  majority  of  all  the  States  shall  be  necessary  to 
a  choice.  In  every  case  after  the  choice  of  the  Pre- 
sident, the  person  having  the  greatest  number  of 
votes  of  the  electors  shall  be  Vice-President.  But  if 
there  should  remain  two  or  more  who  have  equal 


176    CONSTITUTION    OF    THE    UNITED    STATES. 

votes,  the  Senate  shall  choose  from  them,  by  ballot, 
the  Vice-President. 

4.  The  Congress  may  determine  the  time  of  choos- 
ing the  electors,  and  the  day  on  which  they  shall  give 
their  votes,  which  day  shall  be  the  same  throughout 
the  United  States. 

5.  No  person  except  a  natural  born  citizen,  or  a 
a  citizen  of  the  United  States  at  the  time  of  the  adop- 
tion of  this  Constitution,  shall  be  eligible  to  the  office 
of  President:  neither  shall  any  person  be  eligible  to 
that  office  who  shall  not  have  attained  to  the  age  of 
thirty-five  years,  and  been  fourteen  years  a  resident 
within  the  United  States. 

6.  In  case  of  the  removal  of  the  President  from 
office,  or  of  his  death,  resignation,  or  inability  to 
discharge  the  powers  and  duties  of  the  said  office, 
the  same  shall  devolve  on  the  Vice-President;  and 
the  Congress  may,  by  law,  provide  for  the  case  of 
removal,  death,  resignation,  or  inability,  both  of  the 
President  and  Yice-President,  declaring  what  officer 
shall  then  act  as  President;  and  such  officer  shall  act 
accordingly,  until   the  disability  be  removed,  or  a 
President  shall  be  elected. 

7.  The  President  shall,  at  stated  times,  receive  for 
his  services  a  compensation,  which  shall  neither  be 
increased  nor  diminished  during  the  period  for  which 
he  shall  have  been  elected;  and  he  shall  not  receive 
within  that  period  any  other  emolument  from  the 
United  States,  or  any  of  them. 

8.  Before  he  enters  on  the  execution  of  his  office, 
he  shall  take  the  following  oath  or  affirmation: 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faith- 


CONSTITUTION    OF    THE    UNITED    STATES.     177 

fully  execute  the  office  of  President  of  the  United 
States:  and  will,  to  the  best  of  my  ability,  preserve, 
protect,  and  defend  the  Constitution  of  the  United 
States." 

SECTION  II. — 1.  The  President  shall  be  Com- 
mander-in-chief of  the  army  and  navy  of  the  United 
States,  and  of  the  militia  of  the  several  States,  when 
called  into  the  actual  service  of  the  United  States. 
He  may  require  the  opinion,  in  writing,  of  the  prin- 
cipal officer  in  each  of  the  executive  departments, 
upon  any  subject  relating  to  the  duties  of  their  re- 
spective offices;  and  he  shall  have  power  to  grant 
reprieves  and  pardons  for  offences  against  the  United 
States,  except  in  cases  of  impeachment. 

2.  He  shall  have  power,  by  and  with  the  advice 
and  consent  of  the  Senate,  to  make  treaties,  provided 
two  thirds  of  the  Senators  present  concur;   and  he 
shall  nominate,  and,  by  and  with  the  advice  and 
consent  of  the   Senate,  shall  appoint  ambassadors 
and  other  public  ministers  and  consuls,  judges  of  the 
Supreme  Court,  and  all  other  officers  of  the  United 
States  whose  appointments  are  not  herein  otherwise 
provided  for,  and  which  shall  be  established  by  law. 
But  the  Congress  may,  by  law,  vest  the  appointment 
of  such  inferior  officers  as  they  think  proper,  in  the 
President  alone,  in  the  courts  of  law,  or  in  the  heads 
of  departments. 

3.  The  President  shall  have  power  to  fill  up  all 
vacancies  that  may  happen  during  the  recess  of  the 
Senate,  by  granting  commissions,  which  shall  expire 
at  the  end  of  their  next  session. 

SECTION  III.— 1.  He  shall,  from  time  to  time,  give 


178    CONSTITUTION    OF   THE    UNITED    STATES. 

to  Congress  information  of  the  state  of  the  Union, 
and  recommend  to  their  consideration  such  measures 
as  he  shall  judge  necessary  and  expedient.  He  may, 
on  extraordinary  occasions,  convene  both  houses,  or 
either  of  them;  and  in  case  of  disagreement  between 
them,  with  respect  to  the  time  of  adjournment,  he 
may  adjourn  them  to  such  time  as  he  shall  think 
proper.  He  shall  receive  ambassadors  and  other 
public  ministers.  He  shall  take  care  that  the  laws 
be  faithfully  executed;  and  shall  commission  all 
officers  of  the  United  States. 

SECTION  IV. — The  President,  Vice-President,  and 
all  civil  officers  of  the  United  States,  shall  be  re- 
moved from  office  on  impeachment  for,  and  convic- 
tion of,  treason,  bribery,  or  other  high  crimes  and 
misdemeanors. 

ARTICLE  III. 

THE   JUDICIAL   DEPARTMENT. 

SECTION  I. — The  judicial  power  of  the  United 
States  shall  be*vested  in  one  Supreme  Court,  and  in 
such  inferior  courts  as  Congress  may,  from  time  to 
time,  ordain  and  establish.  The  judges,  both  of  the 
supreme  and  inferior  courts,  shall  hold  their  offices 
during  good  behavior;  and  shall,  at  stated  times,  re- 
ceive for  their  services  a  compensation,  which  shall 
not  be  diminished  during  their  continuance  in  office. 

SECTION  II. — 1.  The  judicial  power  shall  extend  to 
all  cases  in  law  and  equity  arising  under  this  Consti- 
tution, the  laws  of  the  United  States,  and  treaties 
made,  or  which  shall  be  made,  under  their  author- 


CONSTITUTION    OF   THE    UNITED    STATES.    179 

ity;  to  all  cases  affecting  ambassadors,  other  public 
ministers,  and  consuls;  to  all  cases  of  admiralty  and 
maritime  jurisdiction ;  to  controversies  to  which  the 
United  States  shall  be  a  party;  to  controversies  be- 
tween two  or  more  States;  between  a  State  and  citi- 
zens of  another  State;  between  citizens  of  different 
States;  between  citizens  of  the  same  State  claiming 
lands  under  grants  of  different  States;  and  between 
a  State,  or  the  citizens  thereof,  and  foreign  states, 
citizens,  or  subjects, 

2.  In  all  cases  affecting  ambassadors,  other  public 
ministers,  and  consuls,  and  those  in  which  a  State 
shall  be  a  party,  the  Supreme  Court  shall  have  orig- 
inal jurisdiction.     In  all  the  other  cases  before  men- 
tioned, the  Supreme  Court  shall  have  appellate  juris- 
diction, both  as  to  law  and  fact,  with  such  exceptions 
and  under  such  regulations  as  Congress  shall  make. 

3.  The  trial  of  all  crimes,  except  in  cases  of  im- 
peachment, shall  be  by  jury,  and  such  trial  shall  be 
held  in  the  State  where  the  said  crimes  shall  have 
been  committed;  but  when  not  committed  within 
any  State,  the  trial  shall  be  at  such  place  or  places  as 
Congress  may  by  law  have  directed. 

SECTION  III. — 1.  Treason  against  the  United  States 
shall  consist  only  in  levying  war  against  them,  or  in 
adhering  to  their  enemies,  giving  them  aid  and  com- 
fort. No  person  shall  be  convicted  of  treason,  unless 
on  the  testimony  of  two  witnesses  to  the  same  overt 
act,  or  on  confession  in  open  court. 

2.  Congress  shall  have  power  to  declare  the  punish- 
ment of  treason;  but  no  attainder  of  treason  shall 


180    CONSTITUTION    OP    THE    UNITED   STATES. 

work  corruption  of  blood,  or  forfeiture,  except  dur- 
ing the  life  of  the  person  attainted. 

ARTICLE  IV. 

MISCELLANEOUS   PROVISIONS. 

SECTION  I. — Full  faith  and  credit  shall  be  given  in 
each  State  to  the  public  acts,  records,  and  judicial 
proceedings  of  every  other  State;  and  Congress  may, 
by  general  laws,  prescribe  the  manner  in  which  such 
acts,  records,  and  proceedings  shall  be  proved,  and 
the  effect  thereof. 

SECTION  II. — 1.  The  citizens  of  each  State  shall  be 
entitled  to  all  the  privileges  and  immunities  of  citi- 
zens in  the  several  States. 

2.  A  person  charged  in  any  State  with  treason, 
felony,  or  other  crime,  who  shall  flee  from  justice, 
and  be  found  in  another  State,  shall,  on  demand  of 
the  executive  authority  of  the  State  from  which  he 
fled,  be  delivered  up,  to  be  removed  to  the  State  hav- 
ing jurisdiction^of  the  crime. 

8.  No  person  held  to  service  or  labor  in  one  State, 
under  the  laws  thereof,  escaping  into  another,  shall, 
in  consequence  of  any  law  or  regulation  therein,  be 
discharged  from  such  service  or  labor;  but  shall  be 
delivered  up  on  claim  of  the  party  to  whom  such  ser- 
vice or  labor  may  be  due. 

SECTION  III. — 1.  New  States  may  be  admitted  by 
Congress  into  this  Union;  but  no  new  State  shall  be 
formed  or  erected  within  the  jurisdiction  of  any 
other  State,  nor  any  State  be  formed  by  the  junction 


CONSTITUTION    OF    THE    UNITED    STATES.    181 

of  two  or  more  States,  or  parts  of  States,  without  the 
consent  of  the  legislatures  of  the  States  concerned,  as 
well  as  of  Congress. 

2.  Congress  shall  have  power  to  dispose  of,  and 
make  all  needful  rules  and  regulations  respecting  the 
territory  or  other  property  belonging  to  the  United 
States;  and  nothing  in  this  Constitution  shall  be  so 
construed  as  to  prejudice  any  claims  of  the  United 
States,  or  of  any  particular  State. 

SECTION  IV.— The  United  States  shall  guarantee  to 
every  State  in  this  Union  a  republican  form  of  go^- 
ernment,  and  shall  protect  each  of  them  against  in- 
vasion: and,  on  application  of  the  legislature,  or  of 
the  executive  (when  the  legislature  cannot  be  con- 
vened), against  domestic  violence. 

ARTICLE  V. 

The  Congress,  whenever  two  thirds  of  both  houses 
shall  deem  it  necessary,  shall  propose  amendments  to 
this  Constitution;  or,  on  the  application  of  the  legis- 
latures of  two  thirds  of  the  several  -States,  shall  call 
a  convention  for  proposing  amendments,  which,  in 
either  case,  shall  be  valid,  to  all  intents  and  pur- 
poses, as  parts  of  this  Constitution,  when  ratified  by 
the  legislatures  of  three  fourths  of  the  several  States, 
or  by  conventions  in  three  fourths  thereof,  as  the  one 
or  the  other  mode  of  ratification  may  be  proposed  by 
Congress;  provided  that  no  amendment  which  may 
be  made  prior  to  the  year  one  thousand  eight  hun- 
dred and  eight  shall  in  any  manner  affect  the  first 
and  fourth  clauses  in  the  ninth  section  of  the  first 


182    CONSTITUTION    OF    THE    UNITED    STATES. 

article;  and  that  no  State,  without  its  consent,  shall 
be  deprived  of  its  equal  suffrage  in  the  Senate. 

ARTICLE  VI. 

1.  All  debts  contracted,  and  engagements  entered 
into,  before  the  adoption  of  this  Constitution,  shall 
be  as  valid  against  the  United   States  under  this 
Constitution  as  under  the  Confederation. 

2.  This  Constitution,  and  the  laws  of  the  United 
States  which  shall  be  made  in  pursuance  thereof,  and 
all  treaties  made,  or  which  shall  be  made,  under  the 
authority  of  the  United  States,  shall  be  the  supreme 
law  of  the  land;  and  the  judges  in  every  State  shall 
be  bound  thereby,  anything  in  the  constitution  or 
laws  of  any  State  to  the  contrary  notwithstanding. 

3.  The  Senators  and  Representatives  before  men- 
tioned, and  the  members  of  the  several  State  legisla- 
tures, and  all  executive  and  judicial  officers,  both  of 
the  United  States  and  of  the  several  States,  shall  be 
bound  by  oath  or  affirmation  to  support  this  Consti- 
tution; but  no  religious  test  shall  ever  be  required1  as 
a  qualification  to  any  office  or  public  trust  under  the 
United  States. 

ARTICLE  VII. 

The  ratification  of  the  conventions  of  nine  States 
shall  be  sufficient  for  the  establishment  of  this  Con- 
stitution between  the  States  so  ratifying  the  same. 
Done  in  convention  by  the  unanimous  consent  of  the 

States  present,  the  seventeenth  day  of  September, 


CONSTITUTION    OF    THE    UNITED    STATES.    183 

in  the  year  of  our  Lord  one  thousand  seven  hun- 
dred and  eighty-seven,  and  of  the  Independence  of 
the  United  States  of  America  the  twelfth.  In  wit- 
ness whereof  we  have  hereunto  subscribed  our 
names. 

GEORGE  WASHINGTON, 
President,  and  Deputy  from  Virginia. 

AMENDMENTS  TO  THE  CONSTITUTION  OF 
THE  UNITED  STATES. 

ARTICLE  I. — Congress  shall  make  no  law  respect- 
ing an  establishment  of  religion,  or  prohibiting  the 
free  exercise  thereof;  or  abridging  the  freedom  of 
speech  or  of  the  press;  or  the  right  of  the  people 
peaceably  to  assemble,  and  to  petition  the  govern 
ment  for  a  redress  of  grievances. 

ARTICLE  II.— A  well-regulated  militia  being  neces- 
sary to  the  security  of  a  free  State,  the  right  of  the 
people  to  keep  and  bear  arms  shall  not  be  infringed. 

ARTICLE  III. — No  soldier  shall,  in  time  of  peace, 
be  quartered  in  any  house  without  the  consent  of  the 
owner;  nor  in  time  of  war,  but  in  a  manner  to  be 
prescribed  by  law. 

ARTICLE  IV. — The  right  of  the  people  to  be  secure 
in  their  persons,  houses,  papers,  and  effects,  against 
unreasonable  searches  and  seizures,  shall  not  be  vio- 
lated; and  no  warrants  shall  issue  but  upon  probable 
cause,  supported  by  oath  or  affirmation,  and  particu- 
larly describing  the  place  to  be  searched,  and  the 
persons  or  things  to  be  seized. 

ARTICLE  V. — No  person  shall  be  held  to  answer 


184    CONSTITUTION    OF    THE    UNITED    STATES. 

for  a  capital  or  otherwise  infamous  crime,  unless  on 
a  presentment  or  indictment  of  a  grand  jury,  except 
.in  cases  arising  in  the  land  or  naval  forces,  or  in  the 
militia,  when  in  actual  service  in  time  of  war  or 
public  danger;  nor  shall  any  person  be  subject  for 
the  same  offence  to  be  put  twice  in  jeopardy  of  life 
or  limb;  nor  shall  be  compelled  in  any  criminal  case 
to  be  witness  against  himself;  nor  be  deprived  of  life, 
liberty,  or  property,  without  due  process  of  law;  nor 
shall  private  property  be  taken  for  public  use  with- 
out just  compensation. 

ARTICLE  VI. — In  all  criminal  prosecutions  the  ac- 
cused shall  enjoy  the  right  to  a  speedy  and  public 
trial,  by  an  impartial  jury  of  the  State  and  district 
wherein  the  crime  shall  have  been  committed,  which 
district  shall  have  been  previously  ascertained  by 
law;  and  to  be  informed  of  the  nature  and  cause  of 
the  accusation;  to  be  confronted  with  the  witnesses 
against  him;  to  have  compulsory  process  for  obtain- 
ing witnesses  in  his  favor;  and  to  have  the  assistance 
of  counsel  for  his  defence. 

ARTICLE  VII. — In  suits  at  common  law,  where  the 
value  in  controversy  shall  exceed  twenty  dollars,  the 
right  of  trial  by  jury  shall  be  preserved;  and  no  fact 
tried  by  a  jury  shall  be  otherwise  re-examined  in  any 
court  of  the  United  States,  than  according  to  the 
rules  of  the  common  law. 

ARTICLE  VIII. — Excessive  bail  shall  not  be  re- 
quired, nor  excessive  fines  imposed,  nor  cruel  and 
unusual  punishments  inflicted. 

ARTICLE  IX.— The  enumeration  in  the  Constitu- 


CONSTITUTION    OF    THE    UNITED    STATES.    185 

lion  of  certain  rights  shall  not  be  construed  to  deny 
or  disparage  others  retained  by  the  people. 

ARTICLE  X. — The  powers  not  delegated  to  the 
United  States  by  the  Constitution,  nor  prohibited  by 
it  to  the  States,  are  reserved  to  the  States  respect- 
ively, or  to  the  people. 

ARTICLE  XL — The  judicial  power  of  the  United 
States  shall  not  be  construed  to  extend  to  any  suit  in 
law  or  equity,  commenced  or  prosecuted  against  one 
of  the  United  States  by  citizens  of  another  State,  or 
by  citizens  or  subjects  of  any  foreign  state. 

ARTICLE  XII. — 1.  The  electors  shall  meet  in  their 
respective  States,  and  vote  by  ballot  for  President 
and  Vice-President,  one  of  whom,  at  least,  shall  not 
be  an  inhabitant  of  the  same  State  with  themselves. 
They  shall  name  in  their  ballots  the  person  voted  for 
as  President,  and  in  distinct  ballots  the  person  voted 
for  as  Vice-President;  and  they  shall  make  distinct 
lists  of.  all  persons  voted  for  as  President,  and  of  all 
persons  voted  for  as  Vice-President,  and  of  the  num- 
ber of  votes  for  each;  which  lists  they  shall  sign  and 
certify,  and  transmit  sealed  to  the  seat  of  the  govern- 
ment of  the  United  States,  directed  to  the  President 
of  the  Senate.  The  President  of  the  Senate  shall,  in 
the  presence  of  the  Senate  and  House  of  Represen- 
tatives, open  all  the  certificates,  and  the  votes  shall 
then  be  counted.  The  person  having  the  greatest 
number  of  votes  for  President  shall  be  the  President, 
if  such  number  be  a  majority  of  the  whole  num- 
ber of  electors  appointed:  and  if  no  person  have 
such  majority,  then  from  the  persons  having  the 
highest  numbers,  not  exceeding  three,  on  the  list  of 


186    CONSTITUTION    OF   THE    UNITED    STATES. 

those  voted  for  as  President,  the  House  of  Represen- 
tatives shall  choose  immediately,  by  ballot,  the  Presi- 
dent. But,  in  choosing  the  President,  the  votes  shall 
be  taken  by  States,  the  representation  from  each 
State  having  one  vote:  a  quorum  for  this  purpose 
shall  consist  of  a  member  or  members  from  two 
thirds  of  the  States,  and  a  majority  of  all  the  States 
shall  be  necessary  to  a  choice.  And  if  the  House  of 
Representatives  shall  not  choose  a  President,  when- 
ever the  right  of  choics  shall  devolve  upon  them, 
before  the  fourth  day  of  March  next  following,  then 
the  Vice-President  shall  act  as  President,  as  in  the 
case  of  the  death  or  other  constitutional  disability  of 
the  President. 

2.  The  person  having  the  greatest  number  of  votes 
as  Vice-President  shall  be  the  Vice-Presideut,  if  such 
number  be  a  majority  of    the  whole  number   of 
electors  appointed ;  and  if  no  person  have  a  majority, 
then  from  the  two  highest  numbers  on  the  list  the 
Senate  shall  choose  the  Vice-President.     A  quorum 
for  the  purpose  shall  consist  of  two  thirds  of  the 
whole  number  of  Senators,  and  a  majority  of  the 
whole  number  shall  be  necessary  to  a  choice. 

3.  But  no  person  constitutionally  ineligible  to  the 
office  of  President  shall  be  eligible  to  that  of  Vice- 
President  of  the  United  States. 

ARTICLE  XIII.—  Section  T.— Neither  slavery  nor 
involuntary  servitude,  except  as  a  punishment  for 
crime,  whereof  the  party  shall  have  been  duly  con- 
victed, shall  exist  within  the  United  States,  or  any 
place  subject  to  their  jurisdiction. 


CONSTITUTION    OF   THE    UNITED   STATES.    187 

Section  II. — Congress  shall  have  power  to  enforce 
this  Article  by  appropriate  legislation. 

ARTICLE  XIV. — Section  I.— -All  persons  born  or 
naturalized  in  the  United  States,  and  subject  to  the 
jurisdiction  thereof,  are  citizens  of  the  United  States, 
and  of  the  State  wherein  they  reside.  No  Slate  shall 
make  or  enforce  any  law  which  shall  abridge  the 
privileges  or  immunities  of  citizens  of  the  United 
States;  nor  shall  any  State  deprive  any  person  of 
life,  liberty,  or  property,  without  due  process  of 
law;  nor  deny  to  any  person  within  its  jurisdiction 
the  equal  protection  of  the  laws. 

Section  II. — Representatives  shall  be  apportioned 
among  the  several  States  according  to  their  respective 
numbers,  counting  the  whole  number  of  persons  in 
each  State,  excluding  Indians  not  taxed.  But  when 
the  right  to  vote  at  any  election  for  the  choice  of 
electors  for  President  or  Vice- President  of  the  United 
States,  Representatives  in  Congress,  the  executive 
and  judicial  officers  of  a  State,  or  the  members  of  the 
legislature  thereof,  is  denied  to  any  of  the  male  in- 
habitants of  such  State,  being  twenty-one  years  of 
age,  and  citizens  of  the  United  States,  or  in  any  way 
abridged,  except  for  participation  in  rebellion  or 
other  crime,  the  basis  of  representation  therein  shall 
be  reduced  in  the  proportion  which  the  number  of 
such  male  citizens  shall  bear  to  the  whole  number  of 
male  citizens  twenty-one  years  of  age  in  such  State. 

Section  III.— No  person  shall  be  a  Senator  or 
Representative  in  Congress,  or  elector  of  President 
and  Vice -President,  or  hold  any  office,  civil  or  mili- 
tary, under  the  United  States,  or  under  any  State, 


188    CONSTITUTION    OF    THE    UNITED    STATES. 

who,  having  previously  taken  an  oath  as  a  member 
of  Congress,  or  as  an  officer  of  the  United  States,  or 
as  a  member  of  any  State  legislature,  or  as  an  execu- 
tive or  judicial  officer  of  any  State,  to  support  the 
Constitution  of  the  United  States,  shall  have  engaged 
in  insurrection  or  rebellion  against  the  same,  or  given 
aid  or  comfort  to  the  enemies  thereof.  But  Congress 
raay,  by  a  vote  of  two  thirds  of  each  house,  remove 
such  disability. 

Section  IV.— The  validity  of  the  public  debt  of 
the  United  States,  authorized  by  law,  including  debts 
incurred  for  payment  of  pensions  and  bounties  for 
services  in  suppressing  insurrection  or  rebellion,  shall 
not  be  questioned.  But  neither  the  United  States 
nor  any  State  shall  assume  or  pay  any  debt  or  obli- 
gation incurred  in  aid  of  insurrection  or  rebellion 
against  the  United  States,  or  any  claim  for  the  loss 
or  emancipation  of  any  slave;  but  all  such  debts, 
obligations,  and  claims  shall  be  held  illegal  and  void. 

Section  V. — The  Congress  shall  have  power  to  en- 
force, by  appropriate  legislation,  the  provisions  of 
this  Article. 

ARTICLE  XV. — Section  I. — The  right  of  citizens 
of  the  United  States  to  vote  shall  not  be  denied  or 
abridged  by  the  United  States  or  by  any  State  on 
account  of  race,  color,  or  previous  condition  of  ser- 
vitude . 

Section  II. — The  Congress  shall  have  power  to 
enforce  this  Article  by  appropriate  legislation. 


DECLARATION  OF  INDEPENDENCE. 


WHEN,  in  the  course  of  human  events,  it  becomes 
necessary  for  one  people  to  dissolve  the  political 
bands  which  have  connected  them  with  another, 
and  to  assume,  among  the  powers  of  the  earth,  the 
separate  and  equal  station  to  which  the  laws  of 
Nature  and  Nature's  God  entitle  them,  a  decent 
respect  to  the  opinions  of  mankind  requires  that 
they  should  declare  the  causes  which  impel  them  to 
the  separation. 

We  hold  these  truths  to  be  self-evident;  that  all 
men  are  created  equal;  that  they  are  endowed  Toy 
their  Creator  with  certain  inalienable  rights;  that 
among  these  are  life,  liberty,  and  the  pursuit  of 
happiness.  That  to  secure  these  rights,  govern- 
ments are  instituted  among  men,  deriving  their  just 
powers  from  the  consent  of  the  governed;  that 
whenever  any  form  of  government  becomes  de- 
structive of  these  ends,  it  is  the  right  of  the  people 
to  alter  or  to  abolish  it,  and  to  institute  a  new  gov- 
ernment, laying  its  foundation  on  such  principles, 
and  organizing  its  powers  in  such  form  as  to  them 
shall  seem  most  likely  to  effect  their  safety  and 


190   DECLARATION  OF  INDEPENDENCE. 

happiness.  Prudence,  indeed,  will  dictate  that 
governments  long  established  should  not  be  changed 
for  light  and  transient  causes;  and  accordingly  all 
experience  hath  shown  that  mankind  are  more  dis- 
posed to  suffer,  while  evils  are  sufferable,  than  to 
right  themselves,  by  abolishing  the  forms  to  which 
they  are  accustomed.  But  when  a  long  train  of 
abuses  and  usurpations,  pursuing  invariably  the 
same  object,  evinces  a  design  to  reduce  them  under 
absolute  despotism,  it  is  their  right,  it  is  their  duty, 
to  throw  oif  such  government,  and  to  provide  new 
guards  for  their  future  security.  Such  has  been 
the  patient  sufferance  of  these  colonies,  and  such  is 
now  the  necessity  which  constrains  them  to  alter 
their  former  systems  of  government.  The  history 
of  the  present  king  of  Great  Britain  is  a  history  of 
repeated  injuries  and  usurpations,  all  having  in 
direct  object  the  establishment  of  an  absolute  tyr- 
anny over  these  States.  To  prove  this,  let  facts  be 
submitted  to  a  candid  world: 

He  has  refused  his  assent  to  laws  the  most  whole- 
some and  necessary  for  the  public  good. 

He  has  forbidden  his  governors  to  pass  laws  of 
immediate  and  pressing  importance,  unless  sus- 
pended in  their  operation  till  his  assent  should  be 
obtained;  and  when  so  suspended  he  has  utterly 
neglected  to  attend  to  them.  He  has  refused  to 
pass  other  laws  for  the  accommodation  of  large 
districts  of  people,  unless  those  people  would  relin- 
quish the  right  of  representation  in  the  legislature 
— a  right  inestimable  to  them,  and  formidable  to 
tyrants  only. 


DECLARATION  OF  INDEPENDENCE.   191 

He  has  called  together  legislative  bodies  at  places 
unusual,  uncomfortable,  and  distant  from  the  re- 
pository of  the  public  records,  for  the  sole  purpose 
of  fatiguing  them  into  compliance  with  his  meas- 
ures. 

He  has  dissolved  representative  houses  repeatedly 
for  opposing,  with  manly  firmness,  his  invasions  on 
the  rights  of  the  people. 

He  has  refused  for  a  long  time  after  such  dissolu- 
tion to  cause  others  to  be  elected;  whereby  the 
legislative  powers,  incapable  of  annihilation,  have 
returned  to  the  people  at  large  for  their  exercise, 
the  State  remaining,  in  the  mean  time,  exposed  to 
all  the  dangers  of  invasion  from  without  and  con- 
vulsions within. 

He  has  endeavored  to  prevent  the  population  of 
these  States;  for  that  purpose  obstructing  the  laws 
of  naturalization  of  foreigners;  refusing  to  pass 
others  to  encourage  their  migration  hither,  and 
raising  the  conditions  of  new  appropriations  of 
lands. 

He  has  obstructed  the  administration  of  justice 
by  refusing  his  assent  to  laws  for  establishing  judi- 
ciary powers. 

He  has  made  judges  dependent  on  his  will  alone 
for  the  tenure  of  their  offices  and  the  amount  of 
payment  of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and 
sent  hither  swarms  of  officers  to  harass  our  people, 
and  eat  out  their  substance. 

He  has  kept  among  us,  in  times  of  peace,  standing 
armies,  without  the  consent  of  our  legislatures. 


192       DECLARATION    OF    INDEPENDENCE. 

He  has  affected  to  render  the  military  independ- 
ent of  and  superior  to  the  civil  power. 

He  has  combined  with  -  others  to  subject  us  to  a 
jurisdiction  foreign  to  our  Constitution,  and  un- 
acknowledged by  our  laws;  giving  his  assent; to 
•their  acts  of  pretended '-legislation  : 

For  quartering  large  bodies  of  armed  troops 
among  us : 

For  protecting  them  by  a  mock  trial  from  punish- 
ment for  any  murders  which  they  should  commit 
on  the  inhabitants  of  these  States  : 

For  cutting  off  our  trade  with  all  parts  of  the 
world  : 

For  imposing  taxes  on  us  without  our  consent: 

For  depriving  us,  in  many  cases,  of  the  benefits 
of  trial  by  jury  : 

For  transporting  us  beyond  seas  to  be  tried  for 
pretended  offences : 

For  abolishing  the  free  system  of  English  laws  in 
a  neighboring  province,  establishing  therein  an 
arbitrary  government,  and  enlarging  its  boundaries, 
so  as  to  render  it  at  once  an  example  and  fit  instru- 
ment for  introducing  the  same  absolute  rule  into 
these  colonies : 

For  taking  away  our  charters,  abolishing  our 
most  valuable  laws,  and  altering,  fundamentally, 
tl  e  forms  of  our  government : 

For  suspending  onr  own  legislatures,  and  declar- 
ing themselves  invested  with  power  to  legislate  for 
us  in  all  cases  whatsoever. 

He  has  abdicated  government  here  by  declaring 
us  out  of  his  protection,  and  waging  war  against  us. 


DECLARATION  OF  INDEPENDENCE.   193 

He  lias  plundered  our  seas,  ravaged  our  coasts, 
ournt  our  towns,  and  destroyed  the  lives  of  our 
people. 

He  is  at  this  time  transporting  large  armies  of 
foreign  mercenaries  to  complete  the  works  of  death, 
desolation,  and  tyranny  already  begun,  with  cir- 
cumstances of  cruelty  and  perfidy  scarcely  paral- 
leled in  the  most  barbarous  ages,  and  totally  un- 
worthy the  head  of  a  civilized  nation. 

He  has  constrained  our  fellow-citizens,  taken 
captive  on  the  high  seas,  to  bear  arms  against  their 
country,  to  become  the  executioners  of  their  friends 
and  brethren,  or  to  fall  themselves  by  their  hands. 

He  has  excited  domestic  insurrections  among  us, 
and  has  endeavored  to  bring  on  the  inhabitants  of 
our  frontiers  the  merciless  Indian  savages,  whose 
known  rule  of  warfare  is  an  undistinguished  de- 
struction of  all  ages,  sexes,  and  conditions. 

In  every  stage  of  these  oppressions  we  have  peti- 
tioned for  redress  in  the  most  humble  terms;  our 
repeated  petitions  have  been  answered  only  by 
repeated  injury.  A  prince  whose  character  is  thus 
marked  by  every  act  which  may  define  a  tyrant  is 
unfit  to  be  the  ruler  of  a  free  people. 

Nor  have  we  been  wanting  in  attentions  to  our 
British  brethren.  We  have  warned  them,  from 
time  to  time,  of  attempts  by  their  legislature  to 
extend  an  unwarrantable  jurisdiction  over  us.  We 
have  reminded  them  of  the  circumstances  of  our 
emigration  and  settlement  here.  We  have  appealed 
to  their  native  justice  and  magnanimity,  and  we 
have  conjured  them  by  the  ties  of  our  common 


194       DECLARATION    OF    INDEPENDENCE. 

kindred  to  disavow  these  usurpations,  ^hich  would 
inevitably  interrupt  our  connections  and  corre- 
spondence. They,  too,  have  been  deaf  to  the  voice 
of  justice  and  consanguinity.  We  must,  therefore, 
acquiesce  in  the  necessity  which  denounces  our 
separation,  and  hold  them,  as  we  hold  the  rest  of 
mankind,  enemies  in  war,  in  peace  friends. 

We,  therefore,  the  representatives  of  the  United 
States  of  America,  in  General  Congress  assembled, 
appealing  to  the  Supreme  Judge  of  the  world  for 
the  rectitude  of  our  intentions,  do,  in  the  name  and 
by  the  authority  of  the  good  people  of  these  colo- 
nies, solemnly  publish  and  declare  that  these 
United  Colonies  are,  and  of  right  ought  to  be,  free 
and  independent  States;  that  they  are  absolved  from 
all  allegiance  to  the  British  crown,  and  that  all 
political  connection  between  them  and  the  State  of 
Great  Britain  is,  and  ought  to  be,  totally  dissolved; 
and  that,  as  free  and  independent  States,  they  have 
full  power  to  levy  war,  conclude  peace,  contract 
alliances,  establish  commerce,  and  to  do  all  other 
acts  and  things  which  independent  States  may  of 
right  do.  And  for  the  support  of  this  declaration, 
with  a  firm  reliance  on  the  protection  of  Divine 
Providence,  we  mutually  pledge  to  each  other  our 
lives,  our  fortunes,  and  our  sacred  honor. 


INDEX. 


The  figures  refer  to  the  numbers  of  the  paragraphs. 

ACCEPTANCE  by  the  maker  of  a  motion,  of  an  amend- 
ment, 92,  93. 

ADDITION  of  propositions,  how  effected,  88. 

ADJOURNMENT,  without  day,  equivalent  to  a  disso- 
lution, 139. 

effect  of,  on  business  under  consideration,  140. 
motion  for,  takes  precedence  of  all  other  mo- 
tions, 137. 

when  it  may  be  amended,  137. 
form  of,  138,  200. 

AMENDMENT,  purposes  of  motions  for,  60,  78. 

order  of  proceeding  in,  95,  191. 

acceptance  of  by  mover  of  proposition,  92,  93. 

of  amendments  by  striking  out  and  inserting, 
107,  108. 

of  amendment,  to  be  put  before  the  original 
amendment,  110. 

of  an  amendment  to  an  amendment,  not  al- 
lowed, 96. 

object  of  such  motion,  how  attained, 
96,  97. 

cannot  be  made  to  what  has  been  agreed  to  on 
a  question,  98,  99,  100,  101. 

inconsistency  of,  with  one  already  adopted,  102. 

may  show  the  absurdity  of  the  original  object  of 
the  proposition,  132. 


196  INDEX. 

AMENDMENT,  may  change  the  object,  128,  129,  133. 
or  may  defeat  the  object,  130,  131. 
by  addition,  88. 
by  separation,  89. 
by  transposition,  90. 
by  striking  out,  94,  103  to  112. 
by  inserting  or  adding,  94,  113  to  121. 
by  striking  out  and  inserting,  94,  122  to  127. 
motion  for,  by  striking  out  and  inserting,  103, 
104,  111,  122. 

may  be  divided,  122. 

may  be  amended,  126. 

manner  of  stating  question  on,  112,  121, 

127. 

precedence  of  question  on,  123. 
to  strike  out.  decided  in  the  negative,  equivalent 
to  the  affirmative  of  agreeing,  98,  100,  252. 
if  passed  may  not  be  renewed,  103  to 

106, 113  to  116,  119,  124,  125. 
stands  in  the  same   degree  with  the  previous 
question,  and  indefinite  postponement,  184. 
superseded  by  a  motion  to  postpone  to  a  day 

or  to  commit,  185. 

may  be  amended,  96,  107,  117,  126,  184. 
effect  of  vote  on,  94  to  127,  187. 
to  be  put  before  the  original  motion,  110,  120. 

APOLOGY,  42. 

ASSEMBLY,   DELIBERATIVE,   purposes  of,   how  ef- 
fected, 1. 

how  organized,  2,  3. 
judgment  of,  how  expressed,  13. 

ASSEMBLING,  time  of,  to  be  fixed  beforehand,  23. 
place  of,  in  possession  of  assembly,  9. 

AUTHENTICATION  of  acts,  etc.,  of  a  deliberative  as- 
sembly,  27,  32. 


INDEX.  197 


BLANKS,  filling  of,  84. 

with  times  or  numbers,  rule  for,  85, 

86,  87. 
See  Precedence. 

CHAIRMAN,  preliminary  election  of,  3. 
See  Presiding  Officer. 

CLERK,  5. 

See  Recording  Officer. 

COMMITTEES,  objects  and  advantages  of,  258,  260, 

261. 

who  to  compose,  258,  270. 
usually  those  favorable  to  the  proposed  measure, 

271. 

mode  of  appointment  of,  263,  267,  268,  269. 
when  by  the  presiding  officer,  under  a  standing 

rule.  266. 

how  notified  of  their  appointment,  32,  272. 
when  and  where  to  sit,  274,  275,  277. 
select,  259. 

how  nppointed,  264  to  269. 
standing,  259. 

what  to  be  referred  to,  74. 
instructions  to,  65,  76,  77,  262. 
list  of,  etc.,  given  by  the  clerk  to  the  member 

first  appointed,  272. 
person  first  appointed  on,  acts  as  chairman  by 

courtesy,  273. 

proceed  like  other  assemblies,  276,  279. 
may  proceed  by  sub-committees,  806. 
mode  of  proceeding  on  a  paper  which  has  been 

referred  to  them,  279,  281,  283. 
mode  of  proceeding  on  a  paper  originating  in 

the  committee,  279,  280,  282. 
manner  of  closing  session  of,  285. 
report  of,  how  made,  282,  283,  284,  286,  287,  292. 
form  of  report  of,  286,  292. 
mode  of  proceeding  on  report  of,  292,  293,  294, 

295,  296 


198  INDEX. 

COMMITTEES,  acceptance  of  report  of,  295. 

form  of  stating  questions  on  report  of,  295,  296. 
See  Report. 

COMMITTEE  OF  THE  WHOLE,  of  whom  composed,  259. 

how  constituted,  297. 

what  a  quorum  of,  299. 

who  presides  over,  297,  298. 

who  is  clerk  of,  301. 

proceedings  of,  similar  to  those  of  the  assembly 
itself,  302,  309. 

mode  of  proceeding  if  one  session  does  not  com- 
plete the  husiness,  304. 

who  may  speak  in,  and  how  often,  305. 

cannot  refer  any  matter  to  another  committee, 
306. 

cannot  punish  for  hreaches  of  order.  308. 

disorderly  words  in,  how  noticed,  308. 

differences  between  and  other  committees,  302 
to  308. 

presiding  officer  of  assembly  to  remain  in  the 

room,  during  the  session  of,  300. 
See  Reports,  Disorderly  Words. 

COMMITMENT,  definition  and  purposes  of,  73. 
when  a  proper  course,  60. 
what  may  be  committed,  75,  76,  77. 
effect  of  a  vote  on  a  motion  for,  183. 
motion  for,  may  be  amended,  181. 

supersedes  a  motion  to  amend,  185. 
is  of  the   same   degree  with  motions 
for    the  previous  question   and 
postponement,  182. 
See  Committees. 

COMMUNICATIONS  to  the  assembly,  how  made,  44, 
46,  48,  49. 

CONSENT  of  the  assembly,  in  what  cases,  and  how 
far,  to  be  presumed  by  the  presiding  officer, 
35,  287,  293. 


INDEX.  199 


CONTESTED  ELECTIONS,  7. 
See  Returns. 

CREDENTIALS  of  members,  7. 

DEBATE,  proper  character  of,  201. 

should  be  confined  to  the  question.  209. 
usual  mode  of  putting  an  end  to,  220,  221. 

of  shortening,  222. 
See  Speaking. 

DECORUM,  BREACHES  of,  37,  38,  39,  40,  41,  223,  224. 
how  to  be  noticed,  40. 
remedy  for,  224,  225,  226. 

how  a  member  is  to  proceed  to  exculpate  him- 
self from  a  charge  of,  40. 
See  Disorderly  Words,  Order. 

DISORDERLY  WORDS,  cause  of  proceedings,  when 

spoken,  227  to  231. 
to  be  written  down  by  the  clerk,  as  spoken,  228, 

229. 

members  not   to   be  censured  for,  unless  com- 
plained of  at  the  time,  232. 
spoken  in  a  committee  during  its  session,  278. 

in  committee  of  the  whole  to  be  written 
down,  and  reported  to  the  assembly, 
308. 

DISORDERLY  CONDUCT,  9,  37  to  40,  313. 

DIVISION  of  a  question,  79  to  83,  122,  123. 
effect  of,  80. 

motion  for,  how  made,  80. 
right  to  demand,  81,  82. 
when  it  may  take  place,  83. 
See  Question. 

ELECTIONS  AND  RETU»NS,  6,  7,  8. 


200  INDEX. 


EXPULSION,  42. 

FLOOR,  how  to  obtain,  46. 

who  has  a  right  to,  47,  203,  204,  205. 

member  in  possession  of,  to  be  interrupted  only 

by  a  call  to  order,  200. 
when  usually  allowed  to  the  mover  of  a  motion, 

204. 
when  one  relinquishes,  for  one  purpose,  he  does 

so  for  all  purposes,  205,  219. 

FORMS  of  proceeding,  10,  59,  315. 
See  Order,  Rules. 

INCIDENTAL  QUESTIONS,  150  to  165. 
questions  of  order,  151  to  154. 
reading  papers,  155  to  160. 
withdrawal  of  a  motion,  161,  162. 
suspension  of  a  rule,  163,  164. 
amendment  of  amendments,  165. 
See  Question. 

INTRODUCTION  of  business,  how  accomplished,  43. 
See  Rules. 

JOURNAL  of  a  deliberate  assembly,  what  and  how 
kept,  32,  33. 

JUDGMENT  of  an  aggregate  body,  how  evidenced,  14. 

LIE  ON  THE  TABLE,  purpose  of  motion  for,  60,  71, 

72. 
Motion  for,  cannot  be  amended,  170. 

when  to  be  resorted  to,  171. 
effect  of  vote  on,  71,  72,  172,  173. 
takes  precedence  of  all  other  subsid- 
iary motions,  171. 

LIST  of  members,  6. 

MAIN  QUESTION,  63,  64,  185,  213. 


INDEX.  201 

MAJORITY,  decision  by,  OD  questions  and  elections, 
24. 

MEMBERS,  rights  and  duties  of,  36. 
punishments  of,  42. 

not  to  be  present  at  debates  on  matters  concern- 
ing themselves,  41,  225,  230. 
proceedings  on  quarrels  between,  caution  relat- 
ing to,  314. 

MEMBERSHIP,  rights  of,  how  decided,  8. 
MODIFICATION  of  a  motion  by  the  mover,  92. 

MOTION,  definition  of,  45,  59,  233. 

to  be  in  writing.  54. 

to  be  seconded.  53  to  55. 

how  seconded,  55. 

when  in  order.  247. 

subsidiary,  need  not  be  in  writing,  54. 
but  must  be  seconded,  55. 

to  suppress  a  proposition,  62. 

to  be  slated  or  read  for  the  information  of  any 
member,  57. 

can  be  withdrawn  only  by  leave,  56,  92. 

when  before  the  assembly,  none  other  can  be  re- 
ceived, except  privileged  motions,  58. 

is  not  before   the  assembly,  until  stated  by  its 
presiding  officer,  198. 

not  in  order  unless  the  maker  be  called  to  by  the 
presiding  officer,  200.  • 

by  one  seated,  or  not  addressing  the  chair,  not 
to  be  received,  200. 

principal  and   subsidiary,   cannot   be  made  to- 
gether, 199. 

NAMING  a  member,  what,  40,  225. 

NUMBERS  prefixed  to  paragraphs  of  a  proposition, 
not  a  part  of  it,  91. 


202  INDEX. 


OFFICERS  of  an  assembly,  titles  of,  5. 
who  are,  usually,  26. 
how  appointed,  and  removable,  26. 
a  majority,  necessary  to  elect,  26. 
when  not  members  of  the  assembly,  5. 
•pro  tempore,  when  to  be  chosen,  29. 
See  Presiding  Officer,  Recording  Officer. 

ORDER  of  a  deliberative  assembly,  what,  13. 
of  business,  188  to  200. 

how  established,  190. 
questions  of,  what,  152. 

how  decided,  154,  248. 

form  of,  on  appeal,  154. 

no   debate    upon,    allowed   during 

divisions,  248. 

rules  of,  to  be  enforced  without  delay,  151. 
call  to,  effect  of,  214. 

who  may  make,  151. 

interrupts   the   business    under  consider- 
ation, 153. 
See  Disorderly  Conduct,  Disorderly  Words. 

ORDERS  OF  THE  DAY.  definition  of,  142. 

motion  for,  a  privileged  question  for  the  dav, 

143,  144,  145,  146. 

motion  for,  generally  supersedes  other  proposi- 
tions, 143,  144. 
being  taken  up,  the  business  interrupted  thereby 

is  suspended,  147. 

fall,  if  not  taken  up  on  the  day  fixed,  149. 
unless  by  special  rule,  149. 

ORGANIZATION,  necessity  for,  1. 
usual  mode  of,  3. 
on  report  of  a  committee,  4. 

PAPERS  AND  DOCUMENTS,  in  whose  custody,  33. 

PARLIAMENTARY  LAW,  common,  what,  6,  10. 
See  Rules. 


IXDEX.  203 

PARLIAMENTARY  RULES,  whence  derived,  11. 
in  each  State,  how  formed,  11. 
See  Rules. 

PETITIONS,  requisites  to,  49. 

to  be  offered  by  members,  49,  50. 
mode  of  offering,  51. 
to  be  read  by  the  clerk,  if  received,  52. 
regular  and  usual  action  on  presenting,  51,  52. 
contents  of,  to  be  known  by  member  present- 
ing, 50. 
to  be  in  respectful  language,  50. 

POSTPONEMENT,  effect  of  vote  on  motion  for,  180. 
motion  for,  may  be  amended,  176. 
how  amended,  177,  178. 
supersedes  a  motion  to  amend,  185. 
is  not  superseded  by  a  motion  to 

commit  or  to  amend,  179. 
is  of  the  same  degree  with  a  motion 

for  the  previous  question,  179. 
indefinite,  purpose  of  motion  for,  60,  67. 

effect  of  vote  on  motion  for,  67. 
to  a  day  certain,  purpose  of  motion  for,  68,  69. 
an  improper  use  of,  70. 

POWER  of  assembly  to  eject  strangers,  9. 

PREAMBLE,    or   title,    usually   considered   after  the 
paper  is  gone  through  with,  192. 

PRECEDENCE  of  motions,  171,  174^  179, 182,  186,  197, 

220. 
of  questions,  123,  134,  135,  153. 

as  to  reference  to  a  committee,  74. 
on  motions  to  fill  blanks,  85,  86,  87. 
questions  of  privilege   take   precedence  of  all 
motions  but  for  adjournment,  141. 

PRESIDENT,  5. 

See  Presiding  Officer. 


'204  INDEX. 

PRESIDING  OFFICER,  duties  of.  27,  30,  40,  225,  313, 

314. 

to  be  first  heard  on  questions  of  order,  207. 
how  far  member  of  tin  assembly,  5. 
not  usually  to  take  part  in  debute,  5.  202. 

but  in  committees  of  the  whole,  307. 
or  on  point  of  order,  154. 
to  give  a  casting  vote,  5,  243. 
efft-ct  of  not  giving  casting  vote,  243. 
may  not  interrupt  one  speaking,  but  to  call  to 

order,  207. 

may  not  decide  upon  inconsistency  of  a  pro- 
posed amendment  with  one  already  adopted, 
102. 

PREVIOUS  QUESTION,  motion  for,  purpose  of,  60. 
form  of,  64.  170. 
original  use  of.  63,  64,  65. 
present  use  of,  65,  66,  220. 
use  of  in  England,  66. 
cannot  be  amended,  170. 
effect  of  vote  on,  64,  66.  175. 
effect  of  negative  decision  of,  65. 
cannot  be  made  in  committee  of  the  whole,  303. 
stands  in   same   degree  with  other  subsidiary 
motions,  except  to  lie  on  the  table,  174. 

PRIVILEGED  QUESTIONS,  136  to  149. 

adjournment,  137  to  140. 

questions  of  privilege,  141. 

orders  of  the  day,  142  to  149. 

take  precedence  of  all  motions  but  for  adjourn- 
ments, 141. 

when  settled,  business  thereby  interrupted  to  be 
resumed,  141. 

PROCEEDINGS,  how  set  in  motion,  43. 

PUNISHMENT  of  members,  41,  42. 

a  question  of,  pending,  the  member  to  with- 
draw, 230. 


iNDEX.  205 

QUARREL  between  members,  38,  314. 
See  Disorderly  Words. 

QUESTION,  definition  of,  233. 
forms  of,  in  use,  15,  60,  61. 
when  to  be  put,  235. 
mode  of  putting,  236. 

on  a  series  of  propositions,  193. 
on    amendments  reported   by  a    com- 
mittee, 194. 

mode  of  taking,  238,  240,  241,  242,  245. 
when  and  how  decision  of  may  be  questioned, 

238,  239. 
all  the  members  in  the  room  when  a  question  is 

put  are  bound  to  vote  upon  it,  244. 
members  not  in  the  room,  cannot  vote  on,  244. 
when  taken  by  yeas  and  uays,  245. 
mode  of  taking,  in  Massachusetts,  246. 
when  and  how  to  be  divided,  79. 
how  taken  when  divided,  80. 
motion  to  divide,  may  be  amended,  80. 
what  may  be  divided  83. 
who  may  divide,  81,  122. 

usually  regulated  by  rule,  82. 
incidental,  defined  and  enumerated,  150  to  165. 
subsidiary,  or  secondary,  defined  and  enume- 
rated, 166  to  170. 

privileged,  defined  and  enumerated,  136. 
See  Incidental  Questions,  Privileged  Questions, 
Subsidia  ry  Q  a  estio  ns. 

QUORUM:,  necessity  for,  17,  19. 
what  constitutes,  16. 

effect  of  want  of,  on  pending  question,  249. 
necessary  on  a  division  of  the  assembly,  249. 
want  of,  hovv  ascertained,  19. 
consequences  of  want  of,  19,  249. 

READING  OF  PAPERS  by  the  clerk,  155. 

by  members  not  allowed,  without  leave  obtained 
by  motion  and  vote,  157,  158. 


206  INDEX. 

READING  OF  PAPERS,  when  to  be  omitted,  159. 
when  necessary,  if  called  for,  155. 
question  on,  to  be  first  decided,  160. 

RECEPTION,  question  of,  on  petition,  51. 

on  report,  286,  293. 

RECOMMITMENT,  what,  73,  290,  291. 

RECONSIDERATION,  general  principle  relating  to,  250 

to  253. 

motion  for,  allowed  in  this  country,  254.  255. 
effect  of,  256. 
usually  regulated  by  rule,  257. 

RECORDING  OFFICER,  duties  of  31,  32,  33,  35. 
how  his  absence  is  to  be  supplied,  34. 
how  elected,  3,  4. 
precedence  of,  if  more  than  one,  5. 
papers  and  documents  to  be  in  his  charge,  33. 

RECURRENCE  OF  BUSINESS,  when  interrupted  by  want 

of  quorum,  249. 
by  motion  for  the  previous  question,  66. 

for  indefinite  postponement,  67. 

to  lie  on  the  table,  71,  72. 

for  adjournment,  140. 

for  the  orders  of  the  day,  147,  148. 
by  a  question  of  privilege,  141. 
by  a  question  of  order,  153,  230. 
by  a  call  of  a  member  to  order,  200,  214. 

REPORTS  OF  COMMITTEES,  how  made  and  received, 

286  to  289. 

how  treated  and  disposed  of,  292  to  296. 
of  a  paper  with  amendments,  288. 
action  upon,  194,  195,  292  to  296. 
when  a  new  draft  of  a  paper,  196. 
acceptance  of,  295,  296. 
of  committees  of  the  whole,  310. 
when  to  be  received,  311. 


INDEX.  207 

REPRIMAND,  42.     See  Punishment. 
RESOLUTION,  what,  13,  233. 

RETURNS,  6, 

time  for  investigating,  7. 
mode  of  investigating,  7. 
who  to  be  on  the  investigating  committee,  8. 
who  to  be  heard  on  a  question  on,  8. 
ROLL,  calling  of,  32,  35,  245. 

RULES  of  debate  and  proceeding,  subject  of,  14,  15. 
general  purpose  of,  315. 

what  are  necessarily  adopted  by  assembly,  10,  20. 
the  same  in  this  country  and  in  England,  11. 
usage  does  not  give  them  the  character  of  gen- 
eral laws,  12. 
to  be  enforced  without  delay  or  debate,  *22,  151, 

152. 

who  may  notice  an  infringement  of,  22. 
special,  each  assembly  may  adopt,  10,  20. 

supersede  ordinary  parliamentary  rules,  10. 
usually  provide  for  their  own  amendment,  21. 
may  be  suspended  on  motion,  21,  163,  164. 
motion  to  suspend,  supersedes  the  original 

question,  163. 

suspended  only  by  general  consent,  21,  164. 
usually  provide  for  their  own  suspension, 

164. 

may  determine  the  number  necessary  to  ex- 
press the  will  of  the  assembly,  25. 
See  Reading  of  Papers,  Speaking. 
SECONDARY  QUESTIONS,  166.     See  Subsidiary  Ques- 
tions. 

SECONDING  of  motions,  55,  309. 
SECRETARY,  5.     See  Recording  Officer. 
SEPARATION  of  propositions,  how  effected,  89. 
SPEAKING,  rules  as  to  manner  of,  203  to  208 
as  to  matter  in,  209  to  214. 
as  to  times  of,  215  to  219. 


208  INDEX. 

SPEAKING  member,  to  stand  uncovered,  203,  208. 
not  to  make  personal  remarks,  211. 
not  to  mention  names  of  members.  206. 
not  to  reflect  on  the  assembly,  or  on  its 

prior  determinations,  210. 
confined  to  the  subject,  209,  213. 
not  to  be  interrupted,  219. 
to  speak  but  once  on  the  same  question, 

215,  216,  except  by  leave,  217. 
or  to  explain  himself  in  matter  of  fact,  218. 
See  Debate,  Presiding  Officer. 

SPEECH,  reading  of,  by  member,  157. 

SUBSIDIARY  QUESTIONS,  166  to  187. 

nature  and  effect  of,  166. 

enumeration  of,  167. 

cannot  be  applied  to  one  another,  168. 

exceptions  to  this  rule,  169. 

lie  on  the  table,  171,  172,  173. 

amendment,  184  to  187. 

previous  question,  174,  175. 

postponement,  176  to  180. 

commitment,  181,  182,  183. 
SUSPENSION  of  a  rule,  21,  163,  164.     See  Rules. 
TRANSPOSITION  of  proposition,  how  effected,  90. 
VICE-PRESIDENT,  duties  of,  5,  28.     See  Officers. 
VOTE,  what,  13,  233. 
VOTING,  right  and  duty  of,  41,  244. 

prohibition  from,  42.     See  Members. 
WILL  of  assembly,  majority  necessary  to  express,  24. 

special  rule  may  determine  what  proportion  may 

express,  25. 
WITHDRAWAL  of  motion  can  be  only  by  leave,  161. 

effect  of  vote  upon  motion  for  leave  for,  162. 
YEAS  AND  NAYS,  how  taken,  32,  245. 
in  Massachusetts,  246. 

what  number  of  members  may  require,  25. 

form  of  putting  question,  245. 


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00976 


A  SOCIETY'S  RIGHTS. 


Interesting  Law  Point  Decided  by 
Judge  Wallace, 


POWER    TO    EXPEL    A     MEMBER. 


The  Judgment  of  a  Voluntary  Association 
in  Certain  Cases  Will  Not  be  Inter- 
fered With  by  the  Courts. 


In  the  Superio-  ''                                        r  of 

San    Fi,v  .x*. 
ment  No. 

Peyre,  pi  j.y 

of  the  3f7  :n  I- 
ant. 

1.—      nieroiM 


iai 

the 

;ioi> 

n. 
2.—JL  ie 

circuii  i 

meriit 

UPON   DEMU1-.  xi-ijAINT  AND  MOTION  TO 

STRIKE  OUT  PORTIONS  THEREOF. 


